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ALVA COAL CORPORATION v. TROSPER

375 S.W.2d 406 (1964)

ALVA COAL CORPORATION, Appellant, v. Royce TROSPER et al., Appellees.

Court of Appeals of Kentucky.

February 7, 1964.

Attorney(s) appearing for the Case

William A. Rice, Harlan, for appellant.

Grant F. Knuckles, W. R. Lay, Pineville, for appellees.

MONTGOMERY, Judge.

Royce Trosper, appellee, filed his claim with the Workmen's Compensation Board on the ground that he suffered total and permanent disability by reason of silicosis. The Board found that he had failed to give his employer timely notice of the fact that he was suffering from silicosis. On appeal the circuit court held that the Board was in error under the authority of Mary Helen Coal Corporation v. Chitwood, Ky., 351 S.W.2d 167

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