Witten v. Terry Elkhorn Mining Co.

PALMORE, Judge.

The appellant, Hobert Witten, Jr., hurt his back while lifting a truck tire on August 29, 1966, and was hospitalized for approximately two weeks before he was able to return to his job. On June 23, 1967, he again injured his back in a fall while working on a coal tipple. Both accidents arose out of and in the course of his employment with the appellee Terry Elkhorn Mining Company. His separate claims for workmen’s compensation were consolidated and resulted in an award based on findings (1) that he had been paid compensation for his time off following the first injury and had…