Mary Helen Coal Corporation v. Chitwood

WADDILL, Commissioner.

Mary Helen Coal Corporation is appealing from a judgment affirming an award of the Workmen’s Compensation Board allowing appellee, R. L. Chitwood, benefits for total disability as a result of silicosis. The only question raised on the appeal is whether appellee gave appellant timely notice of his disability under the 1956 Amendment to KRS 342.316(2), which requires:

“ * * * that notice of disability shall he given to the employer as soon as practicable after the employe first experiences a distinct manifestation of an occupational disease in the form of symptoms…