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YOCOM v. HAMILTON

494 S.W.2d 731 (1973)

James R. YOCOM, Commissioner of Labor and Custodian of the Special Fund, et al., Appellants, v. Ervin HAMILTON and Workmen's Compensation Board of Kentucky, Appellees.

Court of Appeals of Kentucky.

April 20, 1973.

Attorney(s) appearing for the Case

Gemma M. Harding, Louisville, Fred G. Francis, Prestonsburg, for appellants.

Scott Collins, Prestonsburg, for appellee Ervin Hamilton.

CULLEN, Commissioner.

Ervin Hamilton's claim for workmen's compensation for disability from an occupational disease (silicosis or pneumoconiosis) was rejected by the Workmen's Compensation Board on a finding that although Hamilton was totally disabled from a lung condition it was not due to any compensable occupational disease. On Hamilton's appeal to the circuit court, judgment was entered reversing the board's order and remanding the case to the board with directions...

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