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YOCOM v. OVERSTREET

512 S.W.2d 940 (1974)

James R. YOCOM, Commissioner of Labor, et al., Appellants, v. Fred OVERSTREET et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied September 20, 1974.

Attorney(s) appearing for the Case

Robert D. Hawkins, Arthur Samuel, Dept. of Labor, Frankfort, for appellants.

C. Kilmer Combs, Kelsey E. Friend Law Firm, Pikeville, for appellee Overstreet.

CULLEN, Commissioner.

Fred Overstreet's claim for workmen's compensation for disability from pneumoconiosis was denied by the Workmen's Compensation Board on the ground that he had not been "exposed to the hazards of the disease in his employment within this state for at least two (2) years immediately next before his disability," as required by KRS 342.316(4) as it existed when Overstreet's disability occurred (prior to the

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