Pedigo v. Miller

STATON, P.J. —

Charles Ray Pedigo was injured during the course of his employment on February 24, 1970. He filed his Form 9 application for benefits on March 1, 1972. 1 After several conti nuances and delays, the Industrial Board ordered Pedigo, on May 19, 1976, to make himself available for physical examination within four months. Pedigo died of independent causes (drowning) on August 22, 1976. Upon motion of the defendant, the Industrial Board dismissed Pedigo’s claim because Pedigo “failed to comply with said order [for physical examination]” and because Pedigo failed “to properly prosecute…