Young v. Burgett

OSBORNE, Judge.

This is a Workmen’s Compensation proceeding wherein the Board denied recovery to the claimant who claimed to be suffering from miner’s pneumoconiosis. Claimant appealed to the Perry Circuit Court which reversed the Board. We reverse the judgment of that court.

The issue before the Board was whether or not claimant was suffering from pneumoconiosis. In all, seven doctors testified, three for the claimant and four for the appellants. There was a direct conflict in their testimony. We have held many times that the claimant must carry the burden of persuasion in these proceedings.…