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CARCO MINING COMPANY v. ELY

465 S.W.2d 265 (1971)

CARCO MINING COMPANY, Inc., et al., etc., Appellants, v. Fayette ELY, Westmoreland Coal Co., Appellees.

Court of Appeals of Kentucky.

April 2, 1971.

Attorney(s) appearing for the Case

William A. Rice, Rice & Huff, Harlan, Martin Glazer, Thomas R. Emerson, Dept. of Labor, Frankfort, for appellants.

James S. Greene, Jr., William R. Forester, Greene & Forester, Harlan, J. Keller Whitaker, Workmen's Compensation Bd., Frankfort, for appellees.

OSBORNE, Judge.

On July 21, 1968, Fayette Ely filed an application for Workmen's Compensation benefits. The claim was heard by the Board and an award made to Ely for occupational disease (silicosis) in the amount of $44.00 per week for the maximum period of 425 weeks. In making the award the Board found that Ely had an occupational disease and that he had divided his career between Virginia and Kentucky, with the last years exclusively in Kentucky, except for six...

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