Jones v. Crummies Creek Coal Co.

■ DUNCAN, Justice.

We are asked to reverse an order o-f the Workmen’s Compensation .Board, affirmed by the lower court, denying recovery to the appellant for total and permanent disability alleged to have resulted from silicosis contracted in the employment of ap-pellee employer. Appellant had been employed by appellee for approximately nine years prior to April 12, 1951, at which time he quit work because of the alleged disability. This claim was filed on April 24, 1951.

At the outset, we are required to consider the Board’s ruling in its construction of KRS 342.316(3), which provides:

“In…