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WAGONER v. MILLS

566 S.W.2d 159 (1977)

George R. WAGONER, Acting Commissioner of Labor and Custodian of the Special Fund, Appellant, v. Walter T. MILLS, Island Creek Coal Company and Workmen's Compensation Board, Appellees. ISLAND CREEK COAL COMPANY and George R. Wagoner, Acting Commissioner of Labor and Custodian of the Special Fund, Appellant, v. Walter T. MILLS and Workmen's Compensation Board, Appellees.

Court of Appeals of Kentucky.

July 8, 1977.

Attorney(s) appearing for the Case

Larry L. Johnson, William P. Swain, Thomas H. Watson, Boehl, Stopher, Graves & Deindoerfer, Louisville, for appellant, Island Creek Coal Co.

Cyril E. Shadowen, Asst. Counsel, Dept. of Labor, Louisville, Kenneth E. Hollis, Gen. Counsel, Dept. of Labor, Frankfort, for Special Fund.

William R. Thomas, Madisonville, for appellee, Walter T. Mills.

Before GANT, HOGGE and VANCE, JJ.

GANT, Judge.

This is a Workmen's Compensation action in which the sole issue was whether the Appellee, Walter T. Mills, was suffering from pneumoconiosis from exposure to coal dust within the period of time immediately next prior to his disability within the meaning of KRS 342.316(4). The Workmen's Compensation Board herein denied the claim and an appeal was taken to the Hopkins Circuit Court. That court, in a "judgment," remanded the case to the Workmen's Compensation...

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