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PRINCESS ELKHORN COAL COMPANY v. OUSLEY

356 S.W.2d 37 (1962)

PRINCESS ELKHORN COAL COMPANY, Appellant, v. Benton OUSLEY et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied May 1, 1962.

Attorney(s) appearing for the Case

Howard, Francis & Howard, Prestonsburg, for appellant.

W. W. Burchett, Prestonsburg, for appellee Benton Ousley.

WADDILL, Commissioner.

The crucial question presented on this appeal is whether the Workmen's Compensation Board, in the absence of a finding of fraud, has jurisdiction to reopen a case (KRS 342.125) when no award or order has been entered in the case by the Board. We answer the question in the negative for the reasons assigned herein.

On May 20, 1955, appellee, Benton Ousley, sustained a serious injury while working...

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