Carrs Fork Coal Co. v. Yancey

MOREMEN, Judge.

This is a proceeding under the silicosis section of the Workmen’s Compensation Act. Appellee, Leroy Yancey, seeks to recover benefits from his employer, appellant, Carrs Fork Coal Company. Yancey filed application before the board. Carrs Fork moved to dismiss the application on the *915ground that the employer and employee had not filed written application with the board under subsection (2) of KRS 342.005, which reads:

“Any employers and employes who are by the provisions of this section excepted from the provisions of this chapter, including employers having less than three…