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SOUTH-EAST COAL COMPANY v. DINGUS

352 S.W.2d 190 (1961)

SOUTH-EAST COAL COMPANY, Appellant, v. Frank B. DINGUS, Appellee.

Court of Appeals of Kentucky.

December 15, 1961.

Attorney(s) appearing for the Case

J. W. Craft, Jr., Hazard, for appellant.

C. W. Napier, Hazard, for appellee.

WADDILL, Commissioner.

This appeal is from a judgment reversing an order of the Workmen's Compensation Board which dismissed appellee's claim seeking compensation for disability caused by the disease of silicosis. The Board ruled, and appellant contends, that appellee's claim was barred under KRS 342.316(3), which (as amended in 1956) provides:

"(3) The right to compensation under this chapter for disability resulting from an occupational disease shall be...

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