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YOCOM v. MESSER

487 S.W.2d 946 (1972)

James R. YOCOM, Commissioner of Labor of Commonwealth of Kentucky, etc., Appellant, v. Robert MESSER et al., Appellees. SHAMROCK COAL COMPANY, Appellant, v. Robert MESSER et al., Appellees.

Court of Appeals of Kentucky.

November 17, 1972.

Attorney(s) appearing for the Case

Gemma M. Harding, Dept. of Labor, Louisville (Atty. for James R. Yocom), Neville Smith, Manchester (Atty. for Shamrock Coal Co.), for appellants.

Eugene H. Clark, Manchester, for appellees.

PALMORE, Justice.

Shamrock Coal Company and the Special Fund appeal from a judgment reversing an order of the Workmen's Compensation Board and directing that the claimant, Robert Messer, be awarded maximum benefits by reason of silicosis or pneumoconiosis. The basis on which the board had denied the claim is reflected in the following excerpt from its final order:

"The plaintiff, Robert Messer, last worked in the mines in April, 1966. He testified that he...

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