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MANCHESTER COALS, INC., v. SMITH

472 S.W.2d 468 (1971)

MANCHESTER COALS, INC., and Travelers Indemnity Company, Appellants, v. Tink SMITH et al., Appellees.

Court of Appeals of Kentucky.

October 29, 1971.

Attorney(s) appearing for the Case

Robert L. Milby, Hamm, Taylor, Milby & Farmer, London, for appellants.

Neville Smith, Manchester, Thomas R. Emerson, Department of Labor, Frankfort, Gemma M. Harding, Department of Labor, Louisville, for appellees.

NEIKIRK, Judge.

Tink Smith sustained an injury to his low back area as a result of an accident arising out of his employment with Manchester Coals, Inc. Smith had suffered an injury to his back nearly seven years prior to the injury for which claim is now being made. Although Smith had made no formal claim for the first injury, he was paid compensation based on 10% permanent partial disability. That award was approved by the Workmen's Compensation Board.

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