Tutor Key Coal Co. v. Daniel

DAVIS, Commissioner.

Claiming to be totally and permanently disabled by silicosis, Thomas Daniel asserted a claim for workmen’s compensation. KRS 342.316. Upon conflicting evidence, the Board held against Daniel, finding that Daniel “does not have the occupational disease of silicosis but rather that he has other non work-connected respiratory problems, with his disability therefrom being non-compensable.”

Prior to the Board’s decision, Daniel twice moved the Board to withhold decision in the matter in order that he might obtain a biopsy with the view of presenting further evidence in support…