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KENTUCKY MOUNTAIN COAL COMPANY v. WITT

358 S.W.2d 517 (1962)

KENTUCKY MOUNTAIN COAL COMPANY, Appellant, v. Will WITT, etc., et al., Appellees.

Court of Appeals of Kentucky.

June 15, 1962.

Attorney(s) appearing for the Case

Baird & Hays, Pikeville, for appellant.

M. B. Fields, Hazard, Ben K. Wilmot, Dept. of Industrial Relations, Frankfort, for appellees.

CULLEN, Commissioner.

This appeal presents a question of construction of KRS 342.120(5), relating to workmen's compensation, which reads:

"(5) Upon motion, with notice to the Commissioner of Industrial Relations, and it appearing to the board that a claimant who has been awarded compensation under any one of the several provisions of this chapter becomes reemployed by the employer against whom the award was made, or continues in his employment in which he...

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