Leigh Coal Co. v. Cantrell

WILLIAMS, Judge.

Ronald E. Cantrell met his death while working for appellant Leigh Coal Company. The Workmen’s Compensation Board entered an award of $40.00 per week for 400 weeks in the aggregate to Ernell Cantrell, guardian for Danny Cantrell, age 10, and Thomas Cantrell, age 9, citing their total dependency on their deceased older brother Ronald. The sole question on this appeal is whether the two younger brothers were in fact totally dependent on their older brother.

A brother is not within the class of presumed dependents; consequently, it is incumbent upon him to prove the dependency.…