Public-domain · open source
OpenJurist

483 S.W.2d 450

Young v. Burgett

Court of Appeals of Kentucky

Decided June 9, 1972

Court of Appeals of Kentucky · decided 1972-06-09

Relies on Porter v. Goad · Hall v. Island Creek Coal Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1972-06-09

How this case has been cited

Cited by 5 later decisions — most recently October 2008

5 state decisions

201972198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

OSBORNE, Judge.

¶1This is a Workmen’s Compensation proceeding wherein the Board denied recovery to the claimant who claimed to be suffering from miner’s pneumoconiosis. Claimant appealed to the Perry Circuit Court which reversed the Board. We reverse the judgment of that court.

¶2The issue before the Board was whether or not claimant was suffering from pneumoconiosis. In all, seven doctors testified, three for the claimant and four for the appellants. There was a direct conflict in their testimony. We have held many times that the claimant must carry the burden of persuasion in these proceedings. And, where the Board has found against the party having the burden, the test is whether the evidence for the claimant was so persuasive as to require a finding in his favor. See Porter v. Goad, Ky., 404 S.W.2d 795. Where medical testimony is concerned, and that testimony is conflicting, the question of who to believe is one exclusively for the Board. Dave Hall v. Island Creek Coal Company, Ky., 474 S.W.2d 890, decided November 19, 1971.

¶3Judgment reversed.

All concur.
/483/sw2d/450 · .json · Public domain