UPPER ELKHORN COAL CO. v. THORNBERRY


564 S.W.2d 842 (1977)

UPPER ELKHORN COAL CO., etc., Appellant, v. Ruby Lee THORNBERRY et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied February 3, 1978.

Discretionary Review Denied May 16, 1978.


Attorney(s) appearing for the Case

William G. Francis, Francis, Kazee & Francis, Prestonsburg, for appellant.

Cordell H. Martin, Hindman, James Bates, Dry Creek, Ronald W. May, Pikeville, John V. Porter, Jr., Paintsville, Thomas A. Ainley, Uninsured Employers' Fund, Asst. Atty. Gen., Frankfort, for appellees.

Before MARTIN, C. J., and VANCE and WHITE, JJ.


VANCE, Judge:

The appellant, Upper Elkhorn Coal Co., operates a coal tipple. Liability was imposed upon it for the payment of compensation benefits for the death of Alamander Thornberry, an employee of Caney Elkhorn Coal Co., an uninsured employer, upon the theory that appellant was a contractor under KRS 342.610(2). This statute provides, in substance, that one who contracts with another to have work performed consisting of the removal of minerals shall be deemed...

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