Miller v. Elkhorn Coal Corporation

Opinion of the Court by

Morris, Commissioner

Affirming.

The question presented on this appeal involves chiefly a construction of a part of Subsection 3 of 4893, Kentucky Statutes, which recites:

“Partial dependency shall be determined by the proportion of the earnings of the employee which have been contributed to such partial dependent during one year next preceding the date of injury * * V’

The question presented is not involved in controversy between the employer and dependents, since when the matter was before the board, it was stipulated that the deceased, Jerry Miller, and his employer had…