Deal v. United States Steel Corp.

MOREMEN, Judge.

From a judgment of the Harlan Circuit Court which affirmed an order of the Workmen’s Compensation Board dismissing the claim of Claude Deal, appellant, for disability from silicosis, this appeal is prosecuted..The sole question to be determined is identical to the question presented in Harlan Fuel Co. v, Burkhart, Ky., 296 S.W.2d 722, and United States Steel Corporation v. Birchfield, et al., Ky., 296 S.W.2d 726, and that is whether notice was timely under KRS 342.316, subsection (2). The Board held it .was not.

The appellant worked in 'the mines of appellee, U. S. Steel Co-.,…