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ELK HORN COAL CORPORATION v. ISAAC

284 S.W.2d 88 (1955)

The ELK HORN COAL CORPORATION, Appellant, v. Dow ISAAC, et al., etc., Appellees.

Court of Appeals of Kentucky.

November 11, 1955.

Attorney(s) appearing for the Case

Howard & Francis, Prestonsburg, for appellant.

Napier & Napier, Hazard, for appellees.

MONTGOMERY, Judge.

This appeal is from a judgment of the Letcher Circuit Court reversing and remanding an order of the Workmen's Compensation Board. The Board's order found that Dow Isaac's disability was 331/3% rather than 100%, as awarded by its referee. The court directed the Board to reinstate Isaac's award for total disability.

The questions presented are: (1) Was part of Dow Isaac's permanent disability due to disease existing prior to the injury received...

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