Shackleford Coal Co. v. Hamby

DAVIS, Commissioner.

Bill Hamby sought workmen’s compensation benefits based on his claim of total disability as the result of silicosis. The Board dismissed his claim without determining whether he has demonstrated disability from silicosis, based on the Board’s conclusion that Hamby’s claim is barred by reason of KRS 342.316(4). On Hamby’s appeal to the circuit court, the Board’s award was set aside and the case remanded for further findings of fact by the Board. The present appeal challenges the circuit court’s judgment and seeks to have the Board’s findings reinstated.

Hamby worked in coal…