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CLINCHFIELD COAL COMPANY v. KINCAID

Record No. 741191.

215 S.E.2d 638 (1975)

CLINCHFIELD COAL COMPANY v. Luther M. KINCAID.

Supreme Court of Virginia.

June 13, 1975.

Attorney(s) appearing for the Case

J. Thomas Fowlkes, Abingdon (Penn, Stuart & Eskridge, Abingdon, on brief), for appellant.

Dennis E. Jones, Lebanon (White, Elliott & Bundy, Lebanon, on brief), for appellee.

Before I'ANSON, C. J., and CARRICO, HARRISON, HARMAN, POFF and COMPTON, JJ.

PER CURIAM.

The sole issue in controversy is whether Luther M. Kincaid filed his claim with the Industrial Commission of Virginia within one year from the date that a diagnosis was first communicated to him that he had sustained a loss of hearing. It is admitted that he sustained the loss as a result of excessive noise encountered during the course of his employment by Clinchfield Coal Company. Kincaid's application for a hearing was filed with the Industrial Commission...

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