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COMBS v. GAFFNEY

282 S.W.2d 817 (1955)

Paul COMBS, Commissioner of Industrial Relations, and Supervisor of the Subsequent Injury Fund for and on behalf of the Subsequent Injury Fund, Appellant, v. Thomas GAFFNEY et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied November 4, 1955.

Attorney(s) appearing for the Case

J. D. Buckman, Jr., Atty. Gen., Hal Williams, Armand Angelucci, Asst. Attys. Gen., for appellant.

C. W. Swinford, Lexington, for Trojan Const. Co.

Smith, Reed & Leary, Frankfort, for Thomas Gaffney.

WADDILL, Commissioner.

This case rises under the Workmen's Compensation Act, specifically KRS 342.120, Subsequent Injury Fund, which provides:

"(1) If any employe who is permanently partially disabled, whether from a compensable injury or otherwise, receives a subsequent compensable injury by accident resulting in additional permanent disability so that the degree of disability caused by the combined disabilities is greater than that which would have resulted...

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