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KINGTON v. ZEIGLER COAL CO.

639 S.W.2d 560 (1982)

Joe Neil KINGTON, Appellant, v. ZEIGLER COAL COMPANY, Special Fund, Coal Miners' Pneumoconiosis Fund and Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

As Modified October 8, 1982.

Attorney(s) appearing for the Case

Dick Adams, Madisonville, for appellant.

Larry L. Johnson, William P. Swain, Cyril E. Shadowen, Dept. of Labor, Louisville, for appellees.

Before GANT, HOGGE and HOWARD, JJ.

GANT, Judge.

Appellant filed a proper claim herein for disability benefits under Workers' Compensation for the occupational disease of coal miners' pneumoconiosis. The denial of his claim by the Board was affirmed by the Hopkins Circuit Court. We affirm the lower court and adopt its opinion as our own, to-wit:

"By its Order dated November 24, 1980, amended on January 5, 1981, the Workers' Compensation Board dismissed the claim of the Petitioner, Joe Neil Kington...

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