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QUALITY EXCELSIOR COAL COMPANY v. SMITH

No. 5-2311.

342 S.W.2d 480 (1961)

QUALITY EXCELSIOR COAL COMPANY et al. Appellants, v. Mrs. Jack SMITH, widow of Jack Smith, deceased, Appellee.

Supreme Court of Arkansas.

February 6, 1961.

Attorney(s) appearing for the Case

Hardin, Barton & Hardin, Fort Smith, for appellants.

Sam Sexton, Jr., Fort Smith, for appellee.

WARD, Justice.

Jack Smith was an employee of the Quality Excelsior Coal Company for many years until he quit work on February 22, 1957 because he was physically incapacitated. Although he was informed by the doctors in 1950 that he had contracted silicosis Grade 3 he continued to work, and did not file a claim until February 4, 1954.

Hearings on the claim were held before a Referee of the Arkansas Workmen's Compensation Commission in April and May of 1954...

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