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TYREE v. BROWN

564 S.W.2d 31 (1978)

Carl TYREE, Appellant, v. Lloyd BROWN, d/b/a Big 3 Coal Company, Lloyd Brown d/b/a Pole Coal Company, George R. Wagoner, Acting Commissioner of Labor of the Commonwealth of Kentucky, and Custodian of the Special Fund, and Kentucky Workmen's Compensation Board, Appellees.

Court of Appeals of Kentucky.

March 17, 1978.

Attorney(s) appearing for the Case

Ronald G. Polly, Polly, Craft & Asher, Whitesburg, for appellant.

Forrest E. Cook, Whitesburg, for Lloyd Brown, d/b/a Big 3 Coal Co. & d/b/a Pole Coal Co.

Gemma M. Harding, Deputy Gen. Counsel for Appeals, Dept. of Labor, Louisville, Kenneth E. Hollis, Gen. Counsel, Dept. of Labor, Frankfort, for George R. Wagoner, Special Fund.

Before COOPER, HOWARD and PARK, JJ.

HOWARD, Judge.

This is an appeal from the Letcher Circuit Court which affirmed the Order of the Kentucky Workmen's Compensation Board dismissing the claim of appellant, Carl Tyree (hereinafter referred to as Tyree).

Tyree raises as errors on this appeal: 1) That the Board erred in finding that Tyree was not an employee, but rather a partner of the Big 3 Coal Company; 2) that the Board erred in finding that Tyree failed to give sufficient notice; and 3) that...

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