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YOUNG v. MOORE

459 S.W.2d 591 (1970)

John W. YOUNG, Commissioner of Labor of the Commonwealth of Kentucky, et al., Appellants, v. Harold Lloyd MOORE et al., Appellees.

Court of Appeals of Kentucky.

November 6, 1970.

Attorney(s) appearing for the Case

Martin Glazer Dept. of Labor, Frankfort, Gemma M. Harding, Dept. of Labor, Louisville, Fred G. Francis, Prestonburg, for C-74 Columbia Coal Co.

W. W. Burchett, Prestonburg, for Harold Lloyd Moore.

REED, Judge.

This is a workmen's compensation case in which the only issue is whether the board correctly determined the average weekly wage of an employee who incurred a compensable occupational disease. A formula by which such determination must be made is provided by KRS 342.140. The circuit court upheld the board's finding, but we believe the questioned finding is clearly erroneous. Therefore, we reverse the circuit court's judgment with directions to conform...

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