Varney v. Johns Creek Elkhorn Coal Corp.

CULLEN, Commissioner.

Vint Varney’s claim for workmen’s compensation for disability from silicosis was denied by the Workmen’s Compensation Board on the finding of the board that Varney did not in fact have silicosis. In making that finding the board observed that five doctors who had examined Varney for the employer found no evidence of silicosis as opposed to the opinion of the claimant’s one doctor that he did have silicosis. Var-ney appealed to the circuit court on the sole ground that the board exceeded its authority, abused its discretion, and violated its own rule in allowing the…