Legal Opinion

Stephens Elkhorn Coal Company v. Tibbs

Court of Appeals of Kentucky (pre-1976)

Decided October 18, 1963PublishedCited by 22 opinions

1Opinion of the Court

CULLEN, Commissioner.

The Workmen’s Compensation Board granted Luther Tibbs benefits for total disability resulting from silicosis which was contracted while working in the mine of Stephens Elkhorn Coal Company. The company seeks reversal of the judgment upholding the award on the ground that Tibbs failed to give it timely notice as required by KIRS 342.316(2). Under this subsection an employe is required to give notice to his employer within a reasonable time after he has a disability from an occupational disease which impairs his capacity to perform his work and he knows (or should know by…

2Cases cited1 opinion

  1. Peabody Coal Company v. PowellCourt of Appeals of Kentucky (pre-1976) · 1961

3Cited by22 opinions

  1. Allen v. Commonwealth, Department of HighwaysCourt of Appeals of Kentucky (pre-1976) · 1968
  2. Brock v. International Harvester CompanyCourt of Appeals of Kentucky (pre-1976) · 1963
  3. Beth-Elkhorn Corporation v. ThomasCourt of Appeals of Kentucky (pre-1976) · 1966
  4. Blue Diamond Coal Company v. SteppCourt of Appeals of Kentucky (pre-1976) · 1969
  5. Yocom v. KarstCourt of Appeals of Kentucky (pre-1976) · 1975

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