[DOWNLOAD] "Peerless Coal Co. v. Jones" by Supreme Court of Arkansas ~ eBook PDF Kindle ePub Free
eBook details
- Title: Peerless Coal Co. v. Jones
- Author : Supreme Court of Arkansas
- Release Date : January 25, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
The Workmen's Compensation Commission made an award to appellee for a disability due to silicosis. On appeal to the Circuit Court the action of the Commission was affirmed. It is the contention of appellant that there is no evidence in the record which would justify a finding chat appellee was exposed to a silica hazard while working in appellant's mine, and for this reason the case is controlled by Collier-Dunlap Coal Company v. Dickerson 218 Ark. 885, 239 S.W.2d 9. In our opinion the evidence in the case at bar is much more favorable to the employee than it was in the Dickerson case. At the time he became disabled, Dickerson had only worked in appellant's mine for a period of 25 months. Moreover, there was no evidence that the conditions in the mine where Dickerson worked constituted a silica hazard. It was pointed out in the Dickerson case that 81-1314, Ark. Stat., provides that in the absence of conclusive evidence in favor of the claim, disability due to silicosis was presumed not to be due to the nature of any occupation unless 5 out of the 10 years immediately preceding the disability the employee had been exposed to the inhalation of silica dust.