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SHACKLEFORD COAL COMPANY v. HAMBY

445 S.W.2d 430 (1969)

SHACKLEFORD COAL COMPANY and John W. Young, Commissioner of Department of Labor, etc., Appellants, v. Bill HAMBY and Kentucky Workmen's Compensation Board, Appellees.

Court of Appeals of Kentucky.

October 3, 1969.

Attorney(s) appearing for the Case

William A. Rice, Gayle G. Huff, Rice & Huff, Harlan, Martin Glazer, Thomas R.

Emerson, Dept. of Labor, Frankfort, for appellants.

John A. Doyle, J. C. Carter, Doyle & Carter, Harlan, for appellees.

DAVIS, Commissioner.

Bill Hamby sought workmen's compensation benefits based on his claim of total disability as the result of silicosis. The Board dismissed his claim without determining whether he has demonstrated disability from silicosis, based on the Board's conclusion that Hamby's claim is barred by reason of KRS 342.316(4). On Hamby's appeal to the circuit court, the Board's award was set aside and the case remanded for further findings of fact by the Board...

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