Johnson v. Elkhorn & Jellico Coal Co.

The majority opinion reverses a judgment which affirmed the award of the Workmen’s Compensation Board. In reviewing such a case this court is governed by KRS 342.290. The scope of review shall include all matters subject to review by the circuit court. The review here and in the circuit court is confined to determining whether the award of the Board “is clearly erroneous on the basis of the reliable, probative, and material evidence contained in the whole record.” KRS 342.285(3) (d). Belknap Hardware & Manufacturing Co. v. Brown, Ky., 402 S.W.2d 848.

In Porter v. Goad, Ky., 404 S.W.2d 795, it…