Blue Diamond Coal Co. v. Johnson

STEWART, Justice.

Appellee, Walter Johnson, was injured on August 10, 1948, while in the employ of appellant, Blue Diamond Coal Company, in an accident that arose out of and in the course of his employment. Both the employer and employee had accepted the provisions of the Workmen’s Compensation Act. KRS 342.001 et seq. The uncontra-dicted evidence and the stipulations show that appellee gave due and timely notice of this accident, and that his average weekly wages were sufficient to entitle him to maximum compensation, if any.

Johnson alleges that, on the above date, while inserting a 300 watt…