CALDWELL v. YOCOM


574 S.W.2d 913 (1978)

George CALDWELL, Appellant, v. James R. YOCOM, Commissioner of Labor and Custodian of the Special Fund, Cumberland Valley Coal Company and Workmen's Compensation Board, Appellees.

Court of Appeals of Kentucky.

As Modified July 14, 1978.

Discretionary Review Denied January 9, 1979.


Attorney(s) appearing for the Case

John E. Anderson, Barbourville, for appellant.

Steven M. O'Brien, III, Lexington, Cyril E. Shadowen, Louisville, for appellees.

Before HAYES, PARK and WHITE, JJ.


PARK, Judge.

The sole issue raised by this appeal is whether George Caldwell, a workmen's compensation claimant, failed to give timely notice of his claim for disability to his employer as required by 342.316(2)(a). That statute provides in part:

[N]otice of claim shall be given to the employer as soon as practicable after the employe first experiences a distinct manifestation of an occupational disease in the form of symptoms reasonably sufficient to apprise...

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