LOWERY v. BLUE DIAMOND COAL COMPANY.


354 S.W.2d 499 (1962)

Luther LOWERY, Appellant, v. BLUE DIAMOND COAL COMPANY et al., Appellees.

Court of Appeals of Kentucky.

February 23, 1962.


Attorney(s) appearing for the Case

Doyle & Doyle, Harlan, for appellant.

James Sampson, Harlan, for appellees.


WADDILL, Commissioner.

The appeal is from a judgment affirming an order of the Workmen's Compensation Board which dismissed appellant's claim seeking compensation for disability due to silicosis. Dismissal was based on a finding that appellant did not give timely notice under KRS 342.316(2).

Appellant worked in appellee's mines from 1933 to June 25, 1957, when the mines ceased operations. During 1953 appellant was told by a Doctor Ball that his difficulty...

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