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YOUNG v. PHELPS COLLIERIES CO.

439 S.W.2d 77 (1969)

John W. YOUNG, Commissioner of Labor of the Commonwealth of Kentucky and Custodian of the Special Fund, Appellant, v. PHELPS COLLIERIES CO., Inc., etc., et al., Appellees.

Court of Appeals of Kentucky.

March 28, 1969.

Attorney(s) appearing for the Case

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

William J. Baird, Edward R. Hays, Baird & Hays, Pikeville, for Phelps Collieries, Inc.

Kelsey E. Friend, Friend & Mullins, Pikeville, for Ezra Coleman.

J. Keller Whitaker, Workmen's Compensation Board, Frankfort, for Workmen's Compensation Board.

REED, Judge.

This is a workmen's compensation case involving a coal miner's claim for occupational disease. The only issue is whether or not the Workmen's Compensation Board erred in not awarding compensation for total and permanent disability. The trial court held that the Board must allow total and permanent disability in this case. We affirm the trial court.

Ezra Coleman, a 62-year-old underground coal miner, worked in the mines for some 43 years. He stopped...

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