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YOCOM v. HARRISON

517 S.W.2d 231 (1974)

James R. YOCOM, Commissioner of Labor and Custodian of the Special Fund, Appellant, v. Willie HARRISON et al., Appellees. James R. YOCOM, Commissioner of Labor and Custodian of the Special Fund and Cherokee Coal Company, Appellants, v. Willie HARRISON and Workmen's Compensation Board, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied January 24, 1975.

Attorney(s) appearing for the Case

Robert D. Hawkins, Chief Counsel, Sp. Fund, Dept. of Labor, Thomas L. Ferreri, Dept. of Labor, Frankfort, Atty. for Sp. Fund, for appellant James R. Yocom, Commissioner, etc.

John V. Porter, Jr., Wells, Porter & Schmitt, Paintsville, for appellant Cherokee Coal Co.

Hobart C. Johnson, Pikeville, for appellee Willie Harrison.

GARDNER, Commissioner.

Willie Harrison, appellee, filed an application for adjustment of claim with the Workmen's Compensation Board based on disability from pneumoconiosis. The board dismissed the claim because Harrison did not give his employer, Cherokee Coal Company, timely notice of his having contracted the disease, and for his failure to file the claim within the time prescribed by the statute. The circuit court reversed the board's decision and directed the...

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