STOVALL v. STUMBO


676 S.W.2d 468 (1984)

Thelma L. STOVALL, Commissioner of Labor (Special Fund); and Coal Miners' Pneumoconiosis Fund, Appellants, v. Shelby Gene STUMBO; Windsor Mining Company, Inc.; and Workers' Compensation Board, Appellees. WINDSOR MINING COMPANY, Appellant, v. Howard C. LAWSON, Deputy Commissioner of Labor and Successor to John Calhoun Wells, Custodian of the Special Fund & Coal Miners' Pneumoconiosis Fund; Shelby Gene Stumbo and Workers' Compensation Board of Kentucky, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court October 17, 1984.


Attorney(s) appearing for the Case

Cyril E. Shadowen, Louisville, for Special Fund and Coal Miners' Pneumoconiosis Fund, Dept. of Labor.

W.W. Burchett, Prestonsburg, for Shelby Gene Stumbo.

David H. Neeley, Francis, Kazee & Francis, Prestonsburg, for Windsor Mining Co.

Before HAYES, C.J., and REYNOLDS and WILHOIT, JJ.


HAYES, Chief Judge:

This is a workers' compensation case in which the Special Fund, the Coal Miners' Pneumoconiosis Fund, and the employer, Windsor Mining Company, appeal from the judgment of the Floyd Circuit Court affirming the opinion and award of the Workers' Compensation Board granting Shelby Gene Stumbo total and permanent disability benefits for his pneumoconiosis/silicosis claim.

In November of 1973, Shelby Stumbo was awarded total and permanent disability...

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