Johnson v. Elkhorn & Jellico Coal Co.

NEIKIRK, Judge.

The Workmen’s Compensation Board, in an opinion and award dated June 7, 1971, dismissed Everett Johnson’s claim against Elkhorn & Jellico Coal Company for compensation for total and permanent disability. The Letcher Circuit Court affirmed. Johnson appeals. We affirm.

The appellant was employed by appellee Elkhorn & Jellico Coal Company. He testified that on the morning of May 17, 1968, while pitching timbers from a shuttle buggy, he sustained an injury to his low back of such magnitude that he is now totally and permanently disabled.

*583The Board dismissed appellant’s claim,…