Blevins v. Johnson

MILLIKEN, Judge.

After making a claim for Workmen’s Compensation for disability caused by silicosis and discovering his employer had not accepted the Act in that respect, Charlie Johnson, a coal miner approximately sixty years of age, filed a common law action in the Pike Circuit Court in June, 1956, to recover damages (measured by the Workmen’s Compensation Act) for disability caused by silicosis allegedly incurred while employed by the appellants. The action was based upon a contract between the appellants and the United Mine Workers of which Johnson was a member, and which contract required…