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BLUE DIAMOND COAL COMPANY v. PENNINGTON

424 S.W.2d 122 (1968)

BLUE DIAMOND COAL COMPANY, Appellant, v. Johnny PENNINGTON, Special Fund and Workmen's Compensation Board, et al., Appellees.

Court of Appeals of Kentucky.

February 2, 1968.

Attorney(s) appearing for the Case

Maxwell P. Barret, Reeves, Barret, Cooper & Ward, Hazard, for appellant.

Denver Adams, Hyden, Stuart E. Alexander, Louisville, for appellees.

CLAY, Commissioner.

This is a workmen's compensation case in which the appellee employee sought disability benefits for the occupational disease of silicosis. The Board found against him. On appeal the circuit court set aside this order on the ground that the form of the award did not comply with KRS 342.275, and remanded the case to the Board.

The parties stipulated that appellee was an employee of appellant; that they were operating under the Workmen's Compensation...

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