OSBORNE v. COMMONWEALTH


353 S.W.2d 373 (1962)

Edgar S. OSBORNE, Appellant, v. COMMONWEALTH of Kentucky, DEPARTMENT OF PUBLIC SAFETY et al., Appellees.

Court of Appeals of Kentucky.

January 26, 1962.


Attorney(s) appearing for the Case

Francis M. Burke, Pikeville, for appellant.

John B. Breckinridge, Atty. Gen., Troy Savage, Asst. Atty. Gen., for appellees.


MOREMEN, Judge.

The appellant, Edgar S. Osborne, was an employee of the Department of Highways of the Commonwealth of Kentucky. The Department had elected to operate under the Workmen's Compensation Act by virtue of KRS 342.010, which reads in part as follows:

"`Employer' as used in this chapter includes municipal corporations and any subdivision or corporation thereof. Any election with reference to this chapter shall be exercised by the law-making or other...

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