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GENERAL REFRACTORIES CO. v. HERRON

566 S.W.2d 433 (1977)

GENERAL REFRACTORIES COMPANY, Appellant, v. Homer HERRON, James R. Yocom, Commissioner of Labor and Custodian of the Special Fund, and, Workmen's Compensation Board of Kentucky, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied February 24, 1978.

Discretionary Review Denied June 27, 1978.

Attorney(s) appearing for the Case

Howard VanAntwerp, III, VanAntwerp, Hughes, Monge & Jones, Ashland, for appellant.

Alvin B. Trigg, Wallace, Turner & Trigg, Lexington, Cyril E. Shadowen, Dept. of Labor, Sp. Fund, Louisville, for appellees.

Before, HOWERTON, GANT and WILHOIT, JJ.

HOWERTON, Judge.

This is a workmen's compensation case. The claimant, Homer Herron, with a history of approximately nine years as a coal miner and forty years as a brick yard worker, claimed benefits after the diagnosis that he had pneumoconiosis on or about September 30, 1974. Notice of a claim was given the employer on October 8, 1974 and on or about January 6, 1975 a claim was filed with the Workmen's Compensation Board. The Workmen's Compensation Board awarded...

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