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BEVERLY COAL CO. v. SMITH

396 S.W.2d 65 (1965)

BEVERLY COAL CO., Inc., Appellant, v. Willie T. SMITH et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied December 17, 1965.

Attorney(s) appearing for the Case

Baird & Hays, Pikeville, for appellant.

Friend & Mullins, Pikeville, Stuart E. Alexander, Louisville, for appellees.

PALMORE, Judge.

The Workmen's Compensation Board found Willie Smith totally and permanently disabled from a bad back which two physicians say, on the assumption he did not have previous back trouble, probably was caused by an accident in the appellant's coal mine. This appeal follows a judgment of the circuit court affirming the award.

Testifying for the defense, Dr. F. J. Burian, of Williamson, West Virginia, said...

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