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MARY HELEN COAL CORPORATION v. CHITWOOD

351 S.W.2d 167 (1961)

MARY HELEN COAL CORPORATION, Appellant, v. R. L. CHITWOOD et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied December 15, 1961.

Attorney(s) appearing for the Case

James Sampson, William A. Rice, Sampson & Rice, Harlan, for appellant.

Herschel M. Sutton, Lohren F. Martin, Jr., Corbin, G. E. Reams, Harlan, for appellees.

WADDILL, Commissioner.

Mary Helen Coal Corporation is appealing from a judgment affirming an award of the Workmen's Compensation Board allowing appellee, R. L. Chitwood, benefits for total disability as a result of silicosis. The only question raised on the appeal is whether appellee gave appellant timely notice of his disability under the 1956 Amendment to KRS 342.316(2), which requires:

"* * * that notice of disability shall be given to the employer as...

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