H. Smith Coal Co. v. Marshall

SIMS, Justice. Andy Marshall, a coal miner, met his death on Oct. 4, 1948, while at work in the mine of his employer, H. Smith Coal Company. The referee of the Workmens Compensation Board, hereinafter referred to as the Board, denied compensation to his widow, Luna Marshall, and his infant dependent daughter, Lucille, upon the ground that the proof showed the husband and father died from a heart attack and not from breathing bad air in the mine as they claimed. The full Board upheld the finding of the referee and the widow and daughter asked a review by the circuit court, which reversed the Board, and the Company appeals.