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YOUNG v. HALE

485 S.W.2d 501 (1972)

John W. YOUNG, Commissioner of Labor, et al., Appellant, v. Clyde HALE et al., Appellees.

Court of Appeals of Kentucky.

September 22, 1972.

Attorney(s) appearing for the Case

Gemma M. Harding, Louisville, for appellant.

Barkley J. Sturgill, Harold J. Stumbo, Prestonsburg, for appellee Clyde Hale.

Fred G. Francis, Prestonsburg, for appellee Island Creek Coal Co.

STEINFELD, Chief Justice.

Clyde Hale, a former coal miner, who since November 23, 1970, undisputedly has been afflicted with silicosis, applied for benefits under the Workmen's Compensation Act. His claim was disallowed by the board because he failed to prove exposure "* * * to the hazards of the disease in his employment within this state for at least two (2) years immediately next before his disability * * *," a requirement of KRS 342.316(4). The circuit court reversed...

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