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YOCOM v. ISLAND CREEK COAL CO.

568 S.W.2d 58 (1978)

James R. YOCOM, Commissioner of Labor and Custodian of the Special Fund and John Gordon Smith, Appellants, v. ISLAND CREEK COAL COMPANY, and Workmen's Compensation Board of Kentucky, Appellees.

Court of Appeals of Kentucky.

June 16, 1978.

Attorney(s) appearing for the Case

Gemma M. Harding, Deputy Gen. Counsel for Appeals, Dept. of Labor, Louisville, Kenneth E. Hollis, Gen. Counsel, Dept. of Labor, Frankfort, for appellant Yocom.

Leland Monhollon, Madisonville, for appellant Smith.

Larry L. Johnson, William P. Swain, Thomas H. Watson, Boehl, Stoffer, Graves & Deindoerfer, Louisville, for appellees.

Before HOWERTON, GANT and WHITE, JJ.

HOWERTON, Judge.

Appellant, John Gordon Smith, developed pneumoconiosis in the course of his employment with the appellee, Island Creek Coal Company. While still working for the appellee, Smith injured his hand, thereby halting his employment. He filed a claim for the occupational disease, and was ultimately awarded $63.00 per week for 425 weeks. Before one year had expired following the date of his injury, Smith also filed a claim for total and permanent disability...

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