Billings v. State Compensation Commissioner

Riley, Judge:

Turkey Gap Coal & Coke Company complains of an order of the Compensation Appeal Board affirming the Commissioner’s award to W. C. Billings of a seventeen per cent permanent partial disability for the loss of two fingers and an injury to the thumb of his right hand.

The claim was resisted by the employer on the grounds that Billings was guilty of (1) wilful disobedience of safety rule No. 7, which provides, in part: “Cleaning sand pipes or sanding rails by hand while the motor or locomotive is in motion is prohibited”; and (2) wilful misconduct under Code, 23-4-2, in getting off…