Brown v. Dittman-Wachter Coal Co.

The opinion of the court was delivered by

Hopkins, J.:

The action was one under the workmen’s compensation act. An award by an arbitrator in favor of plaintiff was set aside by the trial court, and plaintiff appeals.

The facts are substantially these: Plaintiff sustained injuries to his back April 23, 1920, and was incapacitated for some seven or eight weeks. On September 20, 1920, he returned to the mine and from that time continued to work until December 20, 1923, when he received a second injury. Between the dates of his first and second injuries he worked almost continuously. On April 19,…