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VARNEY v. JOHNS CREEK ELKHORN COAL CORPORATION

436 S.W.2d 258 (1968)

Vint T. VARNEY, Appellant, v. JOHNS CREEK ELKHORN COAL CORPORATION et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied February 14, 1969.

Attorney(s) appearing for the Case

Ronald W. May, Pikeville, for appellant.

Howard, Francis & Howard, Prestonsburg, for Johns Creek Elkhorn Coal Corp.

Martin Glazer, Dept. of Labor, Thomas R. Emerson, Atty. for Special Fund, Dept. of Labor, Frankfort, for John W. Young.

CULLEN, Commissioner.

Vint Varney's claim for workmen's compensation for disability from silicosis was denied by the Workmen's Compensation Board on the finding of the board that Varney did not in fact have silicosis. In making that finding the board observed that five doctors who had examined Varney for the employer found no evidence of silicosis as opposed to the opinion of the claimant's one doctor that he did have silicosis. Varney appealed to the circuit court...

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