Baker v. Export Coal Co.

DAVIS, Commissioner.

The Workmen’s Compensation Board denied Luther Baker’s claim for compensation. He appealed to the circuit court where the Board’s order was affirmed. He seeks reversal of the court’s judgment and asserts that (1) he was laid off by Export on November 2, 1966, and rejected for employment by Princess Elkhorn Coal Company on November 3, 1966, based on a pre-employment physical examination disclosing pneumoconiosis and therefore is entitled to workmen’s compensation as a matter of law; (2) appellees are estopped from denying that appellant has an occupational disease; (3) no…