Inland Steel Co. v. Pennington

PALMORE, Judge.

Inland Steel Company and the Special Fund appeal from a judgment affirming a *79maximum award of workmen’s compensation to John Franklin Pennington on a finding of total disability by reason of silicosis.

The facts are quite similar to those in Inland Steel Company v. Terry, Ky., 464 S.W.2d 284 (reh. den. March 26, 1971), except that in this case there was substantial evidence to support the finding that the claimant actually was disabled at the time of his retirement. As in Terry’s instance, Pennington retired in 1964 pursuant to the company’s mandatory policy of retirement at the…