Old King Min. Co. v. Messer

STEWART, Justice.

This appeal challenges the judgment of the Perry Circuit Court in sustaining an award to Danis Messer by the Workmen’s Compensation Board.

Appellee, Messer, is undoubtedly disabled; nevertheless, appellant maintains his alleged injury did not arise out of and in the course of his employment but, on the contrary, it is contended his disability is traceable entirely to a pre-existing bodily condition. Two other points are raised in appellant’s brief: One, there were no facts to support the Board’s apportionment of appellee’s disability on the basis of 70% to a pre-existing…