PEABODY COAL CO. v. BURKS


568 S.W.2d 50 (1978)

PEABODY COAL COMPANY, Appellant, v. Edgie C. BURKS, James R. Yocom, Commissioner of Labor and Custodian of the Special Fund, and Workmen's Compensation Board, Appellees.

Court of Appeals of Kentucky.

As Modified On Denial of Rehearing June 16, 1978.


Attorney(s) appearing for the Case

Thomas L. Ferreri, Mills, Mitchell, Turner & Donan, Madisonville, for appellant.

Sidney H. Hulette, Ruark & Hulette, Morganfield, for appellee, Edgie C. Burks.

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

Before GANT, COOPER and PARK, JJ.


GANT, Judge.

The appellee and claimant, Edgie C. Burks, filed two separate Applications for Adjustment of Claims with the Workmen's Compensation Board. The first claim was filed April 8, 1975, alleging total disability from the occupational disease of pneumoconiosis occurring on October 1, 1973, the last day of employment. The second claim was filed April 29, 1975, three weeks after the first claim, alleging total disability...

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