162 S.W.2d 537 | Ky. Ct. App. | 1942
Affirming.
The appellant, Lonnie Coburn, was injured while working for the appellee, Eastern Coal Corporation, in November, 1936. He was struck on the chin by an iron brake lever. The injury was first thought to be superficial, but several days after the accident Coburn was forced to enter a hospital for treatment. An X-ray picture showed that there was a fracture of the jawbone near the left side of his chin. It was necessary to remove parts of the bone. The appellant was awarded maximum compensation for temporary total disability, and also $1.80 per week for 325 weeks for 15 per cent permanent partial disability. Coburn's permanent partial disability was adjudged to be 30 per cent, but one-half of this *680 was found by the Board to be due to a previous injury sustained in a fight. Taking the position that there was no evidence to sustain the Board's finding that one-half of his permanent disability was the result of the fight, and that he had not been awarded sufficient compensation for temporary total disability, Coburn appealed from the full Board decision which was based upon the finding of the referee. The Pike Circuit Court found for Coburn on the question of an increase in the amount of compensation for temporary total disability, but affirmed the Board's finding on the previous injury phase of the case. The only question involved here is whether Coburn is entitled to compensation for 30 per cent or 15 per cent permanent partial disability.
It is insisted that there was no evidence to support the Board's finding that one-half of Coburn's permanent partial disability resulted from the fight. We have frequently held that, if there is any evidence of a substantial nature and of probative value to support the finding of the Workmen's Compensation Board, it will not be disturbed. Horn Transfer Line v. Reed,
Judgment affirmed. *681