Tyree v. Commonwealth

This is an appeal from an order of the Industrial Commission denying the petitioner compensation for an injury suffered while in the employ of the appellee. The undisputed facts may be stated as follows:

Petitioner was employed by the appellee as laborer at a quarry near Lexington, Virginia. His duties were to assist in the loading of stone from the stone pile at the quarry on to trucks to be transported to a crusher. If any of the stones were too large to be run through the crusher it was also his duty to break them into smaller pieces before they were loaded on the truck. At the time…