Three Point Coal Corporation v. Moser

Opinion of the Court by

Judge Dawson

Affirming.

On' August 13, 1941, Roy Moser, while employed hy the appellant, and during the course of such employment, sustained an injury to his right side which was in the nature of a rupture, or hernia. He was awarded 50% permanent disability and that award was affirmed by this court in Three Point Coal Co. v. Moser et al., 298 Ky. 868, 184 S. W. 2d 242.

Within the compensation period appellant filed its motion before the Workmen’s Compensation Board to reopen the claim on the ground that the award had been made under a mistake of fact and further that the…