McCray v. DAVIS H. ELLIOTT COMPANY

DAVIS, Commissioner.

The administrator of the estate of Rex Devere McCray seeks a reversal of a judgment dismissing his claim for wrongful death of the decedent pursuant to KRS 411.-130. The trial court granted summary judgment on the ground that the appellant’s decedent met his death during the course and scope of his employment by the appel-lee, Davis H. Elliott Company, Inc., at a time when both the decedent and his employer were covered by the provisions of the Workmen’s Compensation Act. KRS Chapter 342.

It is provided by KRS 342.015(2) as follows :

“If injury or death results to an employe…