Smith v. Union Collieries Co.

Opinion by

Baldrige, J.,

The claimant in this workmen’s compensation case sustained an accidental injury on September 22, 1941, while employed as a motorman in defendant’s mine. An open compensation agreement was entered into, Avhich described the injury as a “compound fracture of great toe and toe next to it, right foot.” A final receipt, Avhich does not appear of record, was apparently signed May 31, 1942 and the referee so found. On September 30, 1942, the claimant filed a petition alleging that Avhen he returned to work June 8, 1942, “the condition of the foot became aggravated, causing…