Davis v. Island Creek Coal Co.

MILLIKEN, Judge.

This is an appeal from a judgment of the Floyd Circuit Court sustaining an opinion and order of the Workmen’s Compensation Board denying appellant’s claim. Appellant asks that the judgment of the Floyd Circuit Court be reversed on the ground that the Board acted arbitrarily and capriciously in failing to exercise a reasonable discretion under the provisions of KRS 342.315, by disregarding claimant’s *564motion for appointment of a physician under KRS 342.315.

Four doctors testified that Davis had silicosis, and four doctors testified that he did not have it, some of whom said he…