Fuston v. Consolidation Coal Co.

WADDILL, Commissioner.

This appeal is from a judgment confirming an order of the Workmen’s Compensation Board dismissing appellant’s application for compensation for disability allegedly resulting from silicosis contracted in ap-pellee’s coal mine. In view of the compensation board’s finding of fact that appellant had not accepted the provisions of the silicosis section of the compensation Act, KRS 342.005(2), prior to his alleged injury, our chief concern is whether the board’s finding on this jurisdictional question was supported by evidence of probative value.

In 1946, the appellee purchased…