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BUTCHER v. ISLAND CREEK COAL COMPANY

465 S.W.2d 49 (1971)

Ashley Ward BUTCHER, Appellant, v. ISLAND CREEK COAL COMPANY et al., Appellees.

Court of Appeals of Kentucky.

March 19, 1971.

Attorney(s) appearing for the Case

Robert J. Greene, Perry & Greene, Paintsville, for appellant.

Fred G. Francis, Prestonsburg, for Island Creek Coal Co., Broad Valley Coal Co., and Evans Elkhorn Coal Co.

Martin Glazer, Department of Labor, Frankfort, for John W. Young, Comm'r of Labor and Custodian of Special Fund.

NEIKIRK, Judge.

Ashley Ward Butcher filed a claim before the Workmen's Compensation Board, alleging that he was totally and permanently disabled to continue working as a coal miner due to the occupational disease of silicosis. Butcher presented a number of doctors who testified that he had an occupational disease. The employer and the Special Fund presented doctors who stated that he did not have an occupational disease. Because of the conflict in testimony, the Board...

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