Lively v. Consolidation Coal Co.

MEMORANDUM OPINION

ROBERT L. TAYLOR, Chief Judge.

This is a case arising under the Workmen’s Compensation Law of Tennessee. Robert M. Lively, a man 50 years of age, with nine children, who has • spent..31. years of his life working underground in coal mines, developed an occupational disease described by some doctors as silicosis and by others as pneumoconiosis and perhaps by others as both silicosis and pneumoconiosis.

Plaintiff was examined in 1964 by Dr. Rogers, a competent chest surgeon of Knoxville. At that time plaintiff stated to Dr. Rogers that he had been exposed to cable smoke and had…