Turner Elkhorn Mining Co. v. O'BRYAN

DAVIS, Commissioner.

In this proceeding under the Workmen’s Compensation Act, KRS, Chapter 342, the circuit court reversed an order of the Board denying appellee O’Bryan’s motion to reopen his claim pursuant to KRS 342.125. The appellants challenge that ruling and urge that the Board's order denying the motion to reopen be reinstated.

On July 3, 1964, O’Bryan filed claim for compensation, averring that he was then totally and permanently disabled by reason of “pneumoconiosis or silicosis of the lungs.”

Appellee gave his own testimony before a referee of the Board, and presented evidence by…