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COOK v. CLINCHFIELD COAL COMPANY

212 S.E.2d 263 (1975)

215 Va. 599

Roy COOK v. CLINCHFIELD COAL COMPANY and/or Jewell Ridge Coal Corporation.

Supreme Court of Virginia.

March 10, 1975.

Attorney(s) appearing for the Case

Larry Grant Browning, Abingdon (Moore & Browning, Abingdon, on brief), for appellant.

J. Thomas Fowlkes, Abingdon (Penn, Stuart & Eskridge, Abingdon, on brief), for appellees.

Before I'ANSON, C. J., and CARRICO, HARRISON, HARMAN, POFF and COMPTON, JJ.

PER CURIAM.

Roy Cook, claimant, filed an application with the Industrial Commission on March 27, 1968, claiming compensation for occupational pneumoconiosis contracted in his employment with the Clinchfield Coal Company.

On the day set for the hearing on the application before a deputy commissioner claimant did not appear, although his counsel was present. The only medical evidence considered at the hearing was a report of Dr. William D. Deep, a physician...

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