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CALDWELL v. BETHLEHEM MINES CORPORATION

455 S.W.2d 67 (1970)

Joe CALDWELL, Appellant, v. BETHLEHEM MINES CORPORATION, Workmen's Compensation Board of Kentucky, and Special Fund, Appellees.

Court of Appeals of Kentucky.

May 29, 1970.

Attorney(s) appearing for the Case

Combs & Anderson, Pikeville, for appellant.

Harry C. Campbell, Pikeville, for appellee Bethlehem Mines Corp.

J. Keller Whitaker, Director, Department of Labor, Frankfort, for Workmen's Compensation Board.

Thomas R. Emerson, Dept. of Labor, Frankfort, for appellee Special Fund.

CULLEN, Commissioner.

Joe Caldwell filed a claim with the Workmen's Compensation Board seeking an award of compensation for total permanent disability from silicosis. His most recent employer, Bethlehem Mines Corporation, and the Special Fund were named as defendants. Bethlehem filed a special answer asserting that the claim was barred by the one-year limitation prescribed in KRS 342.316(3). The Special Fund did not file any similar pleading. The board found that...

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