Elk Horn Coal Corp. v. Isaac

MONTGOMERY, Judge.

This appeal is from a judgment of the Letcher 'Circuit Court reversing and remanding an order of the Workmen’s Compensation Board. The Board’s order found that Dow Isaac’s disability was 33½% rather than 100%, as awarded by its referee. The court directed the Board to reinstate Isaac’s award for total disability.

The questions presented are: (1) Was part of Dow Isaac’s permanent disability due to disease existing prior to the injury received on May 4, 1953; and (2) Was there any evidence of probative value to support the finding of fact made by the Board that only 331/3% of…