CITATION COAL COMPANY v. LEWIS


365 S.W.2d 730 (1963)

CITATION COAL COMPANY, Appellant, v. Herbert LEWIS, Appellee.

Court of Appeals of Kentucky.

March 8, 1963.


Attorney(s) appearing for the Case

Armer H. Mahan, Louisville, for appellant.

A. E. Cornett, Hyden, for appellee.


CLAY, Commissioner.

In this workmen's compensation case the question presented is: what credit should be allowed the employer as the commuted value of lump sum payments of two attorneys' fees?

In 1957 the Board found the employee had sustained 331/3 percent partial disability and awarded him $9 a week, not to exceed 400 weeks. An attorney's fee of $854.20 was allowed and it was paid in a lump sum. Under KRS 342.320, upon making this payment, the employer was...

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