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NASHVILLE COAL, INC. v. DRAKE

371 S.W.2d 859 (1963)

NASHVILLE COAL, INC., Appellant, v. Floyd C. DRAKE, Appellee. SUBSEQUENT CLAIM FUND, Appellant, v. Floyd C. DRAKE, Appellee.

Court of Appeals of Kentucky.

October 25, 1963.

Attorney(s) appearing for the Case

Armer H. Mahan, Louisville, for appellant Nashville Coal, Inc.

Paul D. Rehm, Versailles, J. W. Craft, Jr., Hazard, for appellant Subsequent Claim Fund.

Donan & Vick, William P. Donan, Greenville, for appellee.

WILLIAMS, Judge.

The appellee, Floyd C. Drake, injured his back while in the military service during World War II. On February 9, 1960, while working for appellant Nashville Coal, Inc., he wrenched his back when a chain slipped while he was setting bits on a mine loader. The Workmen's Compensation Board found that he was permanently and totally disabled, 20 per cent due to the injury received while working for Nashville Coal, Inc., and 80 per cent due to the pre-existing...

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