LEWALLEN v. PEABODY COAL COMPANY


306 S.W.2d 262 (1957)

Matt LEWALLEN et al., Appellants, v. PEABODY COAL COMPANY, Appellee.

Court of Appeals of Kentucky.

October 18, 1957.


Attorney(s) appearing for the Case

J. Leonard Davis, Harlan, for appellants.

James Sampson, Wm. A. Rice, Harlan, for appellee.


MILLIKEN, Judge.

This is an appeal from a judgment of the Harlan Circuit Court reversing an award of the Workmen's Compensation Board finding the appellant, Matt Lewallen, totally and permanently disabled from silicosis incurred in his employment with the appellee, Peabody Coal Company, and awarding him compensation accordingly.

The Circuit Court's reversal of the conclusions of the Board is based upon what the Court deemed the failure of the claimant to give...

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