Jones v. Hazle Brook Coal Co.

Opinion by

Cunningham, J.,

The controversy in this workmen’s compensation case arose out of a petition by the employer for the termination of an open agreement. The referee, after a hearing, dismissed the petition and made an award of compensation for total disability; the board affirmed the referee and the court below entered judgment upon the award; hence this appeal by the employer.

While in the course of his employment on May 10, 1930, claimant suffered an accidental injury, thus described in the compensation agreement: “He had finished cutting a large hole in a breast battery and a large…