Wagoner v. Blair Fork Coal Co.

LUKOWSKY, Justice.

This is an appeal from a judgment of the Perry Circuit Court which set aside a decision of the Workmen’s Compensation Board denying relief to the appellee, widow, and remanding the case to the Board for the taking of further proof and subsequent decision. We affirm.

On February 22, 1971 Joe Deaton was awarded 50% permanent partial disability benefits by reason of being affected with the occupational disease of pneumoconiosis and/or silicosis. The award was retroactive to August 13, 1969.

On November 12, 1973 the appellee, Grace Deaton, filed a motion with the Board alleging…