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YOCOM v. EASTERN COAL CORPORATION

523 S.W.2d 882 (1975)

James R. YOCOM, Commissioner of Labor and Custodian of the Special Fund, Appellant, v. EASTERN COAL CORPORATION et al., Appellees.

Court of Appeals of Kentucky.

June 6, 1975.

Attorney(s) appearing for the Case

Earl M. Cornett, Gen. Counsel, Dept. of Labor, Joe A. Newberg, Asst. Counsel, Dept. of Labor, Frankfort, for appellant.

Baird & Baird, Herbert Deskins, Jr., Pikeville, for appellees.

PALMORE, Justice.

After working underground in coal mines for more than 36 years, Elliott Fletcher quit work on February 23, 1973, because of physical disability resulting from pneumoconiosis. In his compensation proceeding against Eastern Coal Corporation and the Special Fund the board found that he was totally and permanently disabled by reason of pneumoconiosis incurred in the course of his employment as a coal miner and found also that the disability had been...

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