Legal Opinion

Wagoner v. Smith

Court of Appeals of Kentucky

Decided October 31, 1975PublishedCited by 13 opinions

1Opinion of the Court

VANCE, Commissioner.

Appellee, Warney Smith, filed his application for adjustment of claim (Form 11) in which he claimed total and permanent disability from silicosis and/or coal-workers’ pneumoconiosis. He was fifty-one years old and had worked as an underground miner seventeen years when he filed his application. His medical evidence was sufficient to sustain the finding of the board that he had contracted pneumoconiosis although there was competent medical evidence that he was also suffering from chronic emphysema and severe hypertensive cardiovascular disease.

The extent of his disability…

2Cases cited4 opinions

  1. Osborne v. JohnsonCourt of Appeals of Kentucky (pre-1976) · 1968
  2. Lee v. International Harvester CompanyCourt of Appeals of Kentucky (pre-1976) · 1963
  3. Princess Manufacturing Company v. JarrellCourt of Appeals of Kentucky (pre-1976) · 1971
  4. Yocom v. KeeneCourt of Appeals of Kentucky · 1974

3Cited by13 opinions

  1. Special Fund v. FrancisKentucky Supreme Court · 1986
  2. Paramount Foods, Inc. v. BurkhardtKentucky Supreme Court · 1985
  3. Mengel v. Hawaiian-Tropic Northwest & Central Distributors, Inc.Court of Appeals of Kentucky · 1981
  4. Kentland Elkhorn Coal Co. v. JohnsonCourt of Appeals of Kentucky · 1977
  5. Sheila Woosley Kingery v. Sumitomo Electric WiringKentucky Supreme Court · 2015

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