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COMMONWEALTH, DIVISION OF FORESTRY v. FARLER

391 S.W.2d 371 (1965)

COMMONWEALTH of Kentucky, DIVISION OF FORESTRY, DEPARTMENT OF CONSERVATION, Appellant, v. Emma FARLER and Kentucky Workmen's Compensation Board, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied July 2, 1965.

Attorney(s) appearing for the Case

Craft & Haynes, Hazard, for appellant.

M.B. Fields, Hazard, for appellees.

WADDILL, Commissioner.

The Commonwealth of Kentucky, Department of Conservation, has appealed from a circuit court judgment setting aside an order of the Workmen's Compensation Board wherein it had denied compensation benefits to the widow of Ray Farler who was a part-time forest fire fighter for the department.

The crucial question presented is whether the board erred in holding certain testimony incompetent.

Farler, who was 55 years old, was called...

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