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BLUE DIAMOND COAL COMPANY v. STEPP

445 S.W.2d 866 (1969)

BLUE DIAMOND COAL COMPANY and Special Fund, Appellants, v. Cloyd STEPP and Workmen's Compensation Board, Appellees.

Court of Appeals of Kentucky.

October 17, 1969.

Attorney(s) appearing for the Case

Maxwell P. Barret, Reeves, Barret, Cooper & Ward, Hazard, for Blue Diamond Coal Co.

Martin Glazer and Thomas R. Emerson, Dept. of Labor, Frankfort, for Special Fund.

Denver Adams, Hyden, for appellee Cloyd Stepp.

CULLEN, Commissioner.

Cloyd Stepp's application for workmen's compensation for disability from silicosis was rejected by the Workmen's Compensation Board on the ground that timely notice of claim had not been given as required by KRS 342.316. On appeal to the circuit court judgment was entered reversing the order of dismissal and remanding the case to the board with directions to hear the application on its merits. The employer (Blue Diamond Coal Company) and the...

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