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FRALEY v. RUSTY COAL COMPANY

399 S.W.2d 479 (1966)

Sam FRALEY, Appellant, v. RUSTY COAL COMPANY et al., Appellees.

Court of Appeals of Kentucky.

February 18, 1966.

Attorney(s) appearing for the Case

Scott Collins, Prestonsburg, for appellant.

Fred G. Francis, Howard, Francis & Howard, Prestonsburg, J. W. Craft, Jr., Hazard, for appellees.

CULLEN, Commissioner.

The Workmen's Compensation Board entered an order awarding Sam Fraley, a coal miner, compensation for total permanent disability, of which the board found 80% was attributable to an injury in the course of employment and 20% was attributable to the arousing into disabling reality of a dormant, pre-existing, nondisabling condition of arthritis. The board ordered 80% of the award to be paid by the employer...

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