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SHIELDS v. PITTSBURGH AND MIDWAY, ETC.

634 S.W.2d 440 (1982)

Louis Edmond SHIELDS, Appellant, v. PITTSBURG AND MIDWAY COAL MINING COMPANY, Eugene F. Land, Commissioner of Labor and Custodian of the Special Fund, Coal Miners' Pneumoconiosis Fund, and Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

As Modified June 11, 1982.

Attorney(s) appearing for the Case

Dick Adams, Madisonville, for appellant.

Thomas L. Ferreri, Charles E. Lowther, Mills, Mitchell & Turner, Madisonville, Gemma M. Harding, Dept. of Labor, Louisville, Kenneth E. Hollis, Dept. of Labor, Frankfort, for appellees.

Before COOPER, McDONALD and VANCE, JJ.

McDONALD, Judge:

The appellant, Louis Edmond Shields, appeals from an order of the Hopkins Circuit Court reversing and remanding an order of the Workers' Compensation Board awarding him total permanent disability benefits for the disease of coal workers' pneumoconiosis.

Appellant has worked in the coal mining business since 1940 as a driller. This particular occupation involves a great deal of direct exposure to coal dust. When he terminated his employment...

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