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CHURCH v. TURNER ELKHORN COAL COMPANY

492 S.W.2d 877 (1973)

Alfred CHURCH, Appellant, v. TURNER ELKHORN COAL COMPANY et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied May 4, 1973.

Attorney(s) appearing for the Case

Robert Greene, Perry & Greene, Paintsville, for appellant.

Fred G. Francis, Prestonsburg, Robert D. Hawkins, Dept. of Labor, Frankfort, Gemma M. Harding, for Special Fund, Dept. of Labor, Louisville, J. Keller Whitaker, Director of Workmen's Compensation Board, Frankfort, for appellees.

VANCE, Commissioner.

This appeal presents questions concerning the notice requirement of KRS 342.185 and 342.316(2) (a) in Workmen's Compensation cases.

The appellant worked in coal mines until December 1967. At that time he complained of shortness of breath and pain in his chest. He quit work to see if he would get better and he never returned. Apparently he did not consult a physician until March 1971. He was informed by the physician that he had contracted...

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