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YOCOM v. KARST

528 S.W.2d 697 (1975)

James R. YOCOM, Commissioner, Kentucky Department of Labor, etc., et al., Appellants, v. Roy R. KARST et al., Appellees.

Court of Appeals of Kentucky.

May 23, 1975.

Attorney(s) appearing for the Case

Earl M. Cornett, Gen. Counsel, William F. Gadd, Asst. Counsel, Kentucky Dept. of Labor, Frankfort, for appellants.

J.W. Craft, Jr., Hazard, for Karst-Robbins Coal Co.

Eugene Goss, Harlan, for appellee Roy R. Karst.

CULLEN, Commissioner.

On the ground that he had not given the notice of claim required by KRS 342.316(2)(a), the Workmen's Compensation Board denied the claim of Roy R. Karst for compensation for total permanent disability from silicosis. On an appeal by Karst to the Harlan Circuit Court judgment was entered setting aside the board's order and directing that an order be entered awarding compensation to Karst. Karst's most recent employer and the Special Fund...

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