ISLAND CREEK COAL CO. v. NEWSOME


608 S.W.2d 379 (1980)

ISLAND CREEK COAL COMPANY, Appellant, v. Forrest NEWSOME, Coal Miner's Pneumoconiosis Fund, Special Fund and Workmen's Compensation Board, Appellees,

Court of Appeals of Kentucky.

November 14, 1980.


Attorney(s) appearing for the Case

Mitchell D. Kinner, Francis, Kazee & Francis, Prestonsburg, for appellant.

W. W. Burchett, Prestonsburg, for appellee, Forrest Newsome.

Denis S. Kline, Gemma Harding, Dept. of Labor, Louisville, for appellee, Special Fund.

Before HAYES, C. J., and GANT and BREETZ, JJ.


GANT, Judge.

Appellant employer appeals from a judgment of the Floyd Circuit Court which affirmed the finding of the Workmen's Compensation Board that the claimant for pneumoconiosis benefits had been exposed to the hazard while in the employment of only one employer. The appellant contends that this finding is not substantiated by the evidence. We agree.

Claimant filed his Form 11, setting out that he worked for Inland Steel Company from 1940 to 1966 and...

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