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JONES v. MASSEY

432 S.W.2d 823 (1968)

Jimmy B. JONES, Appellant, v. J. B. MASSEY and Ed Gregory, dba, etc., et al., Appellees.

Court of Appeals of Kentucky.

October 18, 1968.

Attorney(s) appearing for the Case

Neville Smith, Manchester, for appellant.

John M. Lyttle, Manchester, for appellees.

WADDILL, Commissioner.

This appeal is from a judgment upholding an order of the Workmen's Compensation Board dismissing appellant's claim on the ground that the Board had "no jurisdiction." This conclusion was reached by the Board after evidence was introduced showing that appellant's employer had not elected to operate under the Workmen's Compensation Act. KRS 342.390. We are reversing because the Board had jurisdiction to determine, and should have determined, the...

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