Lowery v. Blue Diamond Coal Co.

WADDILL, Commissioner.

The appeal is from a judgment affirming an order of the Workmen’s Compensation Board which dismissed appellant’s claim seeking compensation for disability due to silicosis. Dismissal was based on a finding that appellant did not give timely notice under KRS 342.316(2).

Appellant worked in appellee’s mines from 1933 to June 25, 1957, when the mines ceased operations. During 1953 appellant was told by a Doctor Ball that his difficulty in breathing was probably caused by the presence of rock dust in his lungs. In that same year appellant observed that he tired easily and…