Manchester Coals, Inc. v. Smith

NEIKIRK, Judge.

Tink Smith sustained an injury to his low back area as a result of an accident arising out of his employment with Manchester Coals, Inc. Smith had suffered an injury to his back nearly seven years prior to the injury for which claim is now being made. Although Smith had made no formal claim for the first injury, he was paid compensation based on 10% permanent partial disability. That award was approved by the Workmen’s Compensation Board.

The Board found that Smith on the date of the second injury had a permanent partial disability of 10% to his body as a whole, stemming from…