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BLUE DIAMOND COAL COMPANY v. BLAIR

445 S.W.2d 869 (1969)

BLUE DIAMOND COAL COMPANY et al., Appellants, v. John BLAIR 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, Martin Glazer, Thomas R. Emerson, Dept. of Labor, Frankfort, for appellants.

Denver Adams, Workmen's Compensation Bd., Hyden, for appellees.

MILLIKEN, Judge.

This is an appeal from a judgment reversing the Workmen's Compensation Board which had found that the claimant, John Blair, who had worked seventeen years for the Blue Diamond Coal Company, was permanently and totally disabled from silicosis but denied him compensation because of his failure to notify the Company of his affliction for eleven months after learning he had it. One member of the Board, Honorable Alvin B. Trigg, dissented from the Board...

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