YOCOM v. HYLTON


557 S.W.2d 219 (1977)

James R. YOCOM, Commissioner of Labor and Custodian of the Special Fund, Appellant, v. Allie Mae HYLTON, widow of Hays Hylton, Deceased, Island Creek Coal Company, and Workmen's Compensation Board, Appellees.

Court of Appeals of Kentucky.

October 14, 1977.


Attorney(s) appearing for the Case

John Riehl, Jr., Asst. Counsel, Dept. of Labor, Louisville, Kenneth E. Hollis, Gen. Counsel, Dept. of Labor, Frankfort, for appellant.

Harry R. Stamper, Lowe, Lowe & Stamper, William J. Baird, III, Baird & Baird, Pikeville, for appellees.

Before GANT, VANCE and WILHOIT, JJ.


GANT, Judge.

The sole issue on appeal is whether the presumption of dependency referred to in KRS 342.075(1)(a) with regard to a surviving spouse is conclusive or rebuttable.

Allie Mae Hylton, widow and dependent of Hays Hylton, filed her application seeking widow's benefits on January 6, 1975, alleging that her husband died as a result of pneumoconiosis and a heart attack on October 11, 1974. Another application for dependency benefits was filed by the guardian...

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