Blue Diamond Coal Company v. Stepp (1969)

NOTES [1] KRS 342.200. [2] Smith v. Cardinal Construction Co., 13 S.W.3d 623 (Ky.2000); Harlan Fuel Co. v. Burkhart, 296 S.W.2d 722 (Ky.1956). [3] Trico County Development & Pipeline v. Smith, 289 S.W.3d 538, 542 (Ky.2008); Blue Diamond Coal Company v. Stepp, 445 S.W.2d 866, 868 (Ky.1969).

Trico's business address is in Oil Springs, Kentucky. [2] Smith v. Cardinal Construction Co., 13 S.W.3d 623 (Ky.2000); Peabody Coal Co. v. Powell, 351 S.W.2d 172 (Ky.1961). [3] See Harlan Fuel Co. v. Burkhart, 296 S.W.2d 722 (Ky.1956). [4] Rowe v. Semet-Solvay Division Allied Chemical & Dye Corp., 268 S.W.2d 416 (Ky.1954). [5] Blue Diamond Coal Co. v. Stepp, 445 S.W.2d 866, 868 (Ky.1969). [6] Marc Blackburn Brick Co. v. Yates, 424 S.W.2d 814 (Ky. 1968). [7] See Whittle v. Ge…

In Blue Diamond Coal Co. v. Stepp, Ky., 445 S.W.2d 866, 868 (1969), our Highest Court stated “that the workman should be deemed to be disabled from silicosis for the purpose of notice requirement, when circumstances exist from which the workman realizes or reasonably should realize that his capacity to perform his work is impaired by reason of silicosis.” While Blankenship described some breathing problems while he was working and quit his employment because of breathing dif…

Blue Diamond Coal Co. v. Stepp, 445 S.W.2d 866, 868 (Ky. 1969), superseded by statute on other grounds as stated in Newberg v. Slone, 846 S.W.2d 694, 697-98 (Ky. 1992).

It has long been held that disability must exist before notice of a claim for compensation for pneumoconiosis is required to be given; it is not enough that the worker “simply have been advised by a doctor that he has the disease.” Blue Diamond Coal Co. v. Stepp, Ky., 445 S.W.2d 866, 868 (1969).

Blue Diamond Coal Co. v. Stepp, Ky., 445 S.W.2d 866, 868 (1969).