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YOUNG v. MILL BRANCH MINING COMPANY

435 S.W.2d 451 (1968)

John W. YOUNG, Successor to Carl Cabe, Commissioner of Labor, Commonwealth of Kentucky, Custodian, Appellant, v. MILL BRANCH MINING COMPANY et al., Appellees.

Court of Appeals of Kentucky.

December 13, 1968.

Attorney(s) appearing for the Case

Martin Glazer, Frankfort, Thomas R. Emerson, Department of Labor, Frankfort, for appellant.

Fred B. Redwine, Sanders & Redwine, William J. Baird, Edward R. Hays, Baird & Hays, Pikeville, for appellees.

WADDILL, Commissioner.

The basic question presented on this appeal is whether the reliable, probative and material evidence contained in this record justified the Pike Circuit Court in holding, under the provisions of KRS 342.285(3) (d), that the decision and award of the Workmen's Compensation Board was clearly erroneous.

Russell Bartley sustained an injury to his back on February 12, 1966, while at work for the Mill Branch Mining Company. Both parties had...

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