Frazier v. Kentucky-Jellico Coal Co.

Opinion by the Court by

Judge Sims

Affirming.

This is an appeal from the judgment of the Knox Circuit Court affirming the action of the Workmen’s Compensation Board in denying compensation to appellant, Eli Frazier, for alleged total permanent disability which he claims to have suffered by reason of breathing “bad air” in the mine of appellee, Kentucky-Jellico Coal Company, on March 16, 1940.

A reversal is sought on two grounds: (a) As appellee filed no answer to appellant’s petition for review in the circuit court, appellant is entitled to judgment on the pleadings; (b) there is no evidence of…