Black Mountain Corporation v. Higgins

Opinion op the Court by

Commissioner Stanley

Affirming.

The appellant, Black Mountain Corporation, and its employee, Ben Higgins, both accepted the provisions of the Workmen’s Compensation Act. Ky. Stats., secs. 4880-4987. The' latter was killed in the former’s mine on June 16, 1926, under circumstances which will herein appear. The appellee, Ruth Higgins, filed claim under the provisions of the act as the dependent wife of the decedent. The appellant resisted the claim, offering as a defense before the board: (1) That the claimant had voluntarily abandoned her husband at the time of the…