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BALDWIN v. GUM BRANCH COAL COMPANY, INC.

494 S.W.2d 524 (1973)

Fannie BALDWIN, Individually and as a dependent widow of an Administratrix of the Estate of Bayless Baldwin, Appellant, v. GUM BRANCH COAL COMPANY, INC., et al., Appellees.

Court of Appeals of Kentucky.

May 4, 1973.

Attorney(s) appearing for the Case

Perry & Greene, Paintsville, for appellant.

Robert D. Hawkins, Chief Counsel for the Special Fund, Dept. of Labor, Murvel Eugene Combs, Atty. for the Special Fund, Dept. of Labor, Frankfort, for appellees.

Fred G. Francis, Prestonsburg, for Gum Branch Coal Co., Inc.

CULLEN, Commissioner.

In August 1966, when he was age 60, Bayless Baldwin quit work as a coal miner, in which work he had been engaged for 20 years. There was evidence that at that time he was "so short-breathed he couldn't load coal or couldn't work," and that he had been told by a doctor that "he had something wrong with his lungs." However, Baldwin did not file a claim for workmen's compensation. He remained idle for the next four years and then, in October 1970...

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