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PEABODY COAL COMPANY v. SIMPSON

523 S.W.2d 223 (1975)

PEABODY COAL COMPANY et al., Appellants, v. Willard SIMPSON et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied June 20, 1975.

Attorney(s) appearing for the Case

James M. Graves, Larry L. Johnson, William P. Swain, Boehl, Stopher, Graves & Deindoerfer, Louisville, for appellants.

E. Louis Johnson, Owensboro, Earl M. Cornett, Dept. of Labor, Frankfort, Gemma M. Harding, Louisville, for appellees.

JONES, Justice.

Peabody Coal Company appeals from a judgment affirming an opinion and award of the Workmen's Compensation Board Peabody contends: (1) that the opinion and award of the board is ambiguous, and (2) that the board-appointed physician's report was based upon a history proven to be false and did not constitute probative evidence.

Willard Simpson was employed by Peabody on November 25, 1968. On March 5,

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