Pittston Company v. Fulks

This appeal by the Pittston Company (formerly Clinchfield Coal Corporation) is from an award by the Industrial Commission in favor of Rufus Fulks, who claims that he suffered total disability from an occupational disease.

At the outset we are confronted with a motion by Fulks to dismiss the appeal on the ground that this court has acquired no jurisdiction of the case because of Pittston’s alleged failure “to comply with the mandatory provisions” of § 65-94, Code 1950, and Rule of Court, 5:1, § 6, “for perfecting appeals from the Industrial Commission to this Court.”

The record discloses that…