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MORGAN v. PEABODY COAL CO.

698 S.W.2d 1 (1985)

Allen MORGAN, Appellant, v. PEABODY COAL COMPANY, John Calhoun Wells, Secretary, Labor Cabinet (Special Fund): and the Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied and Opinion Ordered Published by Supreme Court June 4, 1985.

Attorney(s) appearing for the Case

Ronald K. Bruce, Madisonville, for appellant.

Philip J. Reverman, Jr., William Swain, Larry Johnson, Douglas A. U'Sellis, Louisville, for appellees.

Before COMBS, McDONALD and WILHOIT, JJ.

McDONALD, Judge.

This is a workers' compensation case. Appellant Allen Morgan, claimant below, applied for benefits claiming to be disabled by coal worker's pneumoconiosis. His claim was denied by the Workers' Compensation Board on the merits, the Board holding that it was persuaded by the testimony of the physicians deposed by the employer that Morgan does not suffer from a compensable occupational disease. Morgan appealed to the Ohio Circuit Court, arguing that...

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