Stambaugh v. Cedar Creek Mining Company

NEIKIRK, Justice.

On October 26, 1966, Ervin Stambaugh, a coal miner, filed a claim with the Workmen’s Compensation Board alleging total and permanent disability resulting from the occupational disease of silicosis. The Board, in an opinion and order dated May 20, 1968, found that Stambaugh was, in fact, totally and permanently disabled, but that his disability was not caused by silicosis or pneumoconiosis, and dismissed the claim. On appeal the Floyd Circuit Court affirmed the Board. Stambaugh did not appeal that judgment.

On October 9, 1969, Stambaugh filed a motion requesting the Board to…