Lewallen v. Peabody Coal Co.

MILLIKEN, Judge.

This is an appeal from a judgment of the Harlan Circuit Court reversing an award of the Workmen’s Compensation Board finding the appellant, Matt Lewallen, totally and permanently disabled from silicosis incurred in his employment with the appellee, Peabody Coal Company, and awarding him compensation accordingly.

The Circuit Court’s reversal of the conclusions of the Board is based upon what the Court deemed the failure of the claimant to give the Company notice of his claim “as soon as practicable after the employe (claimant) has knowledge that he has contracted such disease”…