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SAMMONS v. TURNER ELKHORN MINING COMPANY

430 S.W.2d 340 (1968)

Richard D. SAMMONS, Appellant, v. TURNER ELKHORN MINING COMPANY et al., Appellees.

Court of Appeals of Kentucky.

June 28, 1968.

Attorney(s) appearing for the Case

Charles A. Taylor, Perry & Taylor, Paintsville, for appellant.

Fred G. Francis, Howard, Francis & Howard, Prestonsburg, Thomas Emerson and Martin Glazer, Dept. of Labor, Special Fund, Frankfort, for appellee.

WADDILL, Commissioner.

The only question presented on this appeal is whether appellant's claim for workmen's compensation benefits was barred by the statute of limitations found in KRS 342.316(3).

Appellant last worked in appellee's coal mine on May 7, 1961. On April 5, 1967, he filed a claim for compensation alleging he had contracted silicosis as a result of this employment. Appellee pleaded that the claim was barred by KRS 342.316(3), which in pertinent...

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