Estep Coal Company v. Ward

DAVIS, Commissioner.

The sole contention made in this workmen’s compensation proceeding is the appellant-employer’s claim that the award for total permanent disability should be apportioned so that one-half of the award would be paid by the employer and the other half by the Special Fund. The Board and the circuit court rejected the claim of the employer.

On November 11, 1964, Oscar Ward sustained injuries in a slate fall while working as a coal miner for the appellant, Estep Coal Company. An agreement for compensation providing for payment of maximum benefits for forty weeks was made between…