Garmeada Coal Co. v. Martin

CLAY, Commissioner.

This is an appeal from a judgment reversing an order of the Workmen’s Compensation Board. The Board had denied the claim of the employee on the ground he failed to sustain the burden of proving that he received an injury by accident arising out of and in the course of his employment. The question presented is whether or not there was competent evidence of probative value to support the finding of the Board. See The Mengel Co. v. Lehman, Ky.1953, 259 S.W.2d 19.

The alleged accident occurred on December 13, 1951, and it subsequently developed that the employee had a ruptured…