Harlan Collieries Co. v. Smith

I cannot concur in the majority opinion which admittedly flies in the face of a long line of cases beginning with Mary Helen Coal Corporation v. Chitwood, Ky., 351 S.W.2d 167. As recently as June 25, 1965, in Davis v. Harlan Everglow Coal Company, Ky., 392 S.W.2d 62, this Court approved the holding in Bethlehem Mines Corporation v. Davis, Ky., 368 S.W.2d 176, wherein it was held that an employee is not disabled within the meaning of KRS 342.316(2) “so long as a man is able to carry on his duties though he may suffer while doing it.” To the same effect see Stephens Elkhorn Coal Company v.…