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WELLS v. FORD

714 S.W.2d 481 (1986)

John Calhoun WELLS, Secretary, Labor Cabinet (Special Fund), Appellant, v. William L. FORD, Peabody Coal Co. and Workers' Compensation Board, Appellees. PEABODY COAL COMPANY, Appellant, v. William L. FORD, John C. Wells, Secretary, Labor Cabinet (Special Fund) and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

As Corrected August 7, 1986.

Attorney(s) appearing for the Case

David R. Allen, Labor Cabinet, Louisville, for appellant/appellee, Special Fund.

William P. Swain, Larry L. Johnson, Peter J. Glauber, Louisville, for appellee/appellant, Peabody Coal Co.

Jerry P. Rhoads, Madisonville, for appellee, William L. Ford.

LEIBSON, Justice.

The claimant, William L. Ford, filed an application for workers' compensation benefits alleging disability as the result of coal workers pneumoconiosis.

When the case was submitted to the Workers' Compensation Board for decision, the employer argued that the claim was barred because the employee failed to give due and timely notice as required by KRS 342.316(2)(a). The first Opinion from...

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