STEWART v. LAWSON


689 S.W.2d 21 (1985)

Edwin S. STEWART, Movant, v. Howard C. LAWSON, Deputy Commissioner of Labor, Successor to John Calhoun Wells (the Special Fund); Coal Miners' Pneumoconiosis Fund; and Mountain Top Fuel, Inc., Respondents.

Supreme Court of Kentucky.

May 2, 1985.


Attorney(s) appearing for the Case

R. Roland Case, Kelsey E. Friend Law Firm, Pikeville, for movant.

Dennis S. Kline, Dept. of Labor, Louisville for Special Fund.

William J. Baird, III, Baird & Baird, Pikeville, for Mountain Top Fuel.

Jackie H. Blankenship, Director, Workers' Compensation Bd., Frankfort, for respondents.


AKER, Justice.

The movant, Edwin Stewart, filed a claim for Worker's Compensation benefits against his employer, Mountain Top Fuel, Inc., the Special Fund and the Coal Miner's Pneumoconiosis Fund alleging that he had become disabled by pneumoconiosis/silicosis. The movant's work history included six years as a coal miner, of which three were spent underground, and six years as a general laborer packing fiberglass for shipment.

The Board deposed several doctors...

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