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WAGONER v. HOPKINS

531 S.W.2d 511 (1975)

George R. WAGONER, acting Commissioner of Labor, etc., Appellant, v. Basil HOPKINS et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied February 6, 1976.

Attorney(s) appearing for the Case

John L. Pendley, Earl M. Cornett, Dept. of Labor, Frankfort, for appellant.

C. Kilmer Combs, Kelsey E. Friend, Baird & Baird, Pikeville, G. Edward James, Acting Director, Workmen's Compensation Board, Dept. of Labor, Frankfort, for appellees.

VANCE, Commissioner.

The appellee, Basil Hopkins, was afflicted with pneumoconiosis in 1968 and was so advised by his physician. At that time he was employed by Madge Creek Coal Company. Despite knowledge that he had contracted the disease, he continued working in the mines until February 5, 1970. On February 5, 1970, he was injured and did not work again until August 2, 1970, when he returned to the mines as an employee of Lawson & Jones Coal Company. He worked...

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