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YOUNG v. STURGILL

445 S.W.2d 442 (1969)

John W. YOUNG, Successor to Carl Cabe, Commissioner of Labor of the Commonwealth of Kentucky and Custodian of the Special Fund, Appellant, v. Grant STURGILL, Shackleford Coal Company, Old Republic Insurance Company and Workmen's Compensation Board, Appellees.

Court of Appeals of Kentucky.

October 3, 1969.

Attorney(s) appearing for the Case

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

Doyle & Carter, William A. Rice, Rice & Huff, Harlan, for appellees.

STEINFELD, Judge.

Grant Sturgill, a coal miner, filed claim for benefits under the Workmen's Compensation Law asserting that on July 26, 1965, he was injured in a rockfall. KRS 342.095. Within one month he amended his claim, stating that he was totally and permanently disabled from silicosis. KRS 342.095 and KRS 342.316. The board ordered that the Special Fund be made a party (KRS 342.120) and on May 8, 1967, made an award to the claimant against his

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