SMITH v. PERRY


411 S.W.2d 903 (1967)

George D. SMITH and Workmen's Compensation Board of Kentucky, Appellants, v. Jim PERRY, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied March 24, 1967.


Attorney(s) appearing for the Case

Doyle & Doyle, G. E. Reams, Harlan, for George D. Smith.

Robert Matthews, Atty. Gen., Frankfort, for Kentucky Workmen's Comp. Board.

James S. Greene, Jr., Harlan, for appellee.


DAVIS, Commissioner.

This appeal attacks a judgment in a workmen's compensation proceeding wherein the circuit court overturned an award for total permanent disability which had been made to appellant Smith by the Workmen's Compensation Board. The circuit court based its ruling on a finding that Smith was not an employee of appellee Jim Perry at the time of the injury. The Board had found that Perry was the employer of Smith. The determinative question is whether...

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