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YOCOM v. YATES

566 S.W.2d 796 (1978)

James R. YOCOM, Commissioner of Labor and Custodian of the Special Fund, Appellant, v. Hershel YATES, Childers Coal Company and Workmen's Compensation Board, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied June 27, 1978.

Attorney(s) appearing for the Case

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

W. W. Burchett, Burchett, Burchett & Burchett, Prestonsburg, for Hershel Yates.

William G. Francis, Francis, Kazee & Francis, Prestonsburg, for Childers Coal Co.

Before HOWERTON, LESTER and REYNOLDS, JJ.

LESTER, Judge.

This is a workmen's compensation case in which the Special Fund appeals from a judgment sustaining a final order of the Workmen's Compensation Board awarding claimant total and permanent benefits as a result of pneumoconiosis/silicosis.

Appellant, Hershel Yates, is a thirty-one year old coal miner who has been engaged as such all of his industrial life. He has a sixth grade education and his dependents consist of his wife and five young children...

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