Holland v. Childers Coal Company

MONTGOMERY, Judge

(dissenting).

I respectfully dissent because I feel that the appellant’s mental condition and accompanying total disability are not properly shown to have arisen from and out of the course of his employment. This condition arose twelve months or more after the injury to his neck and shoulder was suffered. To use the language of the majority opinion, it would require a long fuse indeed to “trigger” such a delayed action.

A further reason is that the Board made a finding of 20% permanent partial disability on the same record now considered by this Court. This finding is supported by the testimony of the claimant and Dr. An-gelucci. The majority opinion does not condemn the Board’s finding as clearly erroneous or as not being supported by substantial probative evidence. In the absence of such a conclusion, the Board’s finding approved by the circuit court should be affirmed. It is unnecessary to cite the many cases that so hold.