DEBY COAL COMPANY v. CALDWELL


383 S.W.2d 905 (1964)

DEBY COAL COMPANY and the Subsequent Claim Fund, Appellant, v. Millard CALDWELL, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied December 11, 1964.


Attorney(s) appearing for the Case

Reeves, Barret & Cooper, J. W. Craft, Jr., Hazard, Paul Rhem, Versailles, for appellant.

Denver Adams, Robert Muncy, Hyden, for appellee.


PALMORE, Judge.

Deby Coal Company and the Subsequent Claim Fund appeal from a judgment of the Leslie Circuit Court raising from 50% to 100% the degree of permanent disability for which the Workmen's Compensation Board had awarded compensation to the appellee, Millard Caldwell.

Caldwell suffered a ruptured intervertebral disc while working at hard labor in the company's coal mine. The injured nucleolus was thereafter removed by surgery. Two physicians testified...

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