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YOCOM v. DOOLIN

600 S.W.2d 462 (1980)

James R. YOCOM, Commissioner of Labor and Custodian of the Special Fund, Appellant, v. Nedd F. DOOLIN, Deceased, Mary Doolin, Widow; Peabody Coal Company; and Workmen's Compensation Board, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied June 27, 1980.

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.

John E. Anderson, Cole, Cole & Anderson, Barbourville, for appellees Nedd F. Doolin, deceased, and Mary Doolin, widow.

Peter J. Glauber, William P. Swain, Boehl, Stopher, Graves & Deindoerfer, Louisville, for appellee Peabody Coal.

Before BREETZ, WILHOIT and WINTERSHEIMER, JJ.

BREETZ, Judge.

In 1976 Nedd Doolin was awarded maximum workmen's compensation benefits of $65.00 per week for 425 weeks. This award was for total and permanent disability resulting from the occupational disease of pneumoconiosis. His last harmful exposure to the disease occurred in 1974.

Nedd died on September 6, 1978 but his death did not result from the occupational disease. His widow was awarded continuation benefits of $65.00 per week for the balance of...

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