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TUTOR KEY COAL CO. v. DANIEL

463 S.W.2d 932 (1971)

TUTOR KEY COAL CO. et al., Appellants, v. Thomas DANIEL et al., Appellees.

Court of Appeals of Kentucky.

February 19, 1971.

Attorney(s) appearing for the Case

Fred G. Francis, Howard, Francis & Howard, Prestonsburg, Martin Glazer, Dept. of Labor, Frankfort, for appellants.

Robert J. Greene, G. C. Perry, III, Perry & Greene, Paintsville, for appellees.

DAVIS, Commissioner.

Claiming to be totally and permanently disabled by silicosis, Thomas Daniel asserted a claim for workmen's compensation. KRS 342.316. Upon conflicting evidence, the Board held against Daniel, finding that Daniel "does not have the occupational disease of silicosis but rather that he has other non work-connected respiratory problems, with his disability therefrom being non-compensable."

Prior to the Board's decision, Daniel twice moved...

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