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YOCOM v. RATLIFF

574 S.W.2d 339 (1978)

James R. YOCOM, Commissioner of Labor and Custodian of the Special Fund, and Uninsured Employer's Fund, Appellants, v. Russell RATLIFF, Flatwoods Mining Company, Steeles Creek Coal Company, Childers Coal Company and Workmen's Compensation Board, Appellees. Russell RATLIFF, Cross-Appellant, v. James R. YOCOM, Commissioner of Labor and Custodian of the Special Fund, Uninsured Employer's Fund, Flatwoods Mining Company, Steeles Creek Coal Company, Childers Coal Company and Workmen's Compensation Board, Cross-Appellees.

Court of Appeals of Kentucky.

Rehearing Denied September 22, 1978.

Discretionary Review Denied December 19, 1978.

Attorney(s) appearing for the Case

John Riehl, Jr., Dept. of Labor, Louisville, Kenneth E. Hollis, Gen. Counsel, Dept. of Labor, Frankfort, for James R. Yocom (Special Fund).

Michael G. Richardson, Asst. Atty. Gen., Frankfort, for Frances Jones Mills, Treasurer and Custodian of the Uninsured Employer's Fund.

William S. Kendrick, William G. Francis, Francis, Kazee & Francis, Prestonsburg, for Flatwoods Mining Co., Steeles Creek Coal Co.

Kelsey E. Friend Law Firm, R. Roland Case, Pikeville, for Russell Ratliff.

Before LESTER, VANCE and WILHOIT, JJ.

VANCE, Judge:

Appellee, Russell Ratliff, for many years a coal miner, contracted pneumoconiosis while in the employ of appellee, Flatwoods Mining Company. He was informed by his doctor on March 13, 1975, that he had the disease, but he continued work with Flatwood until May 8, 1975, when he quit work because of his disability. He filed a compensation claim against Flatwood and the appellee, Steeles Creek Coal Company, on...

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