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YOUNG v. WEST

478 S.W.2d 727 (1972)

John W. YOUNG, Commissioner of Labor of the Commonwealth of Kentucky and Custodian of the Special Fund, Appellant, v. Robert WEST, Jr., et al., Appellees.

Court of Appeals of Kentucky.

March 17, 1972.

Attorney(s) appearing for the Case

Gemma M. Harding, Louisville, Thomas R. Emerson, Dept. of Labor, Frankfort, for appellant.

Charles W. Berger, Harlan, J. Keller Whitaker, Workmen's Compensation Bd., Frankfort, for appellees.

VANCE, Commissioner.

This is an appeal from a judgment affirming an award of the Workmen's Compensation Board for permanent, total disability by reason of an occupational disease, the entire award to be paid by the Special Fund pursuant to KRS 342.316(13).

The appellee, Robert West, Jr., a coal miner in Eastern Kentucky, quit work in 1965 after many years of continuous work as a miner. At the time he quit work he complained that his breathing was short and...

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