Malky v. Kiskiminetas Valley Coal Co.

Opinion by

Mr. Justice Sadler,

This appeal is brought to review an award of the Workmen’s Compensation Board, approved by the court below. Payment is resisted by the insurance carrier of defendant company because, as alleged, the accident did not occur in the course of deceased’s employment, and was therefore not within the terms of the act, as held in the first instance by the referee. The controlling facts found are practically without dispute, and the question for consideration is whether the law has been properly applied to them.

In 1921, a general strike was in force throughout the…