WELLS v. HAMILTON


645 S.W.2d 353 (1983)

John Calhoun WELLS, Commissioner of Labor and Custodian of Special Fund and Coal Miners' Pneumoconiosis Fund, and Mitchell Branch Coal Co., Appellants, v. David HAMILTON and Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

February 4, 1983.


Attorney(s) appearing for the Case

Cyril E. Shadowen, Sp. Fund, Dept. of Labor, Louisville, David H. Neeley, Francis, Kazee & Francis, Prestonsburg, for appellants.

Arnold Turner, Jr., Prestonsburg, for appellees.

Before COOPER, GUDGEL and REYNOLDS, JJ.


GUDGEL, Judge:

The issue in this appeal is whether the Workers' Compensation Board was entitled to rely on the presumptions set forth in KRS 342.316(2)(b)(2) and KRS 342.316(5) in making a finding of fact that a worker suffers from the occupational disease of pneumoconiosis when the employer had introduced medical evidence to rebut those presumptions. We are of the opinion that, when the employer and the Special Fund introduce probative medical evidence that the worker...

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