TURNER ELKHORN MINING CO. v. O'BRYAN


414 S.W.2d 410 (1967)

TURNER ELKHORN MINING CO. et al., Appellants, v. Fred O'BRYAN, Jr., et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied May 26, 1967.


Attorney(s) appearing for the Case

Fred G. Francis, Howard, Francis & Howard, Prestonsburg, for appellants.

C. W. Napier, Jr., Hazard, for appellees.


DAVIS, Commissioner.

In this proceeding under the Workmen's Compensation Act, KRS, Chapter 342, the circuit court reversed an order of the Board denying appellee O'Bryan's motion to reopen his claim pursuant to KRS 342.125. The appellants challenge that ruling and urge that the Board's order denying the motion to reopen be reinstated.

On July 3, 1964, O'Bryan filed claim for compensation, averring that he was then totally and permanently disabled by reason...

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