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CABE v. OLIN MATHIESON CHEMICAL CORPORATION

412 S.W.2d 250 (1967)

Carl CABE, Commissioner of Labor, Commonwealth of Kentucky, Custodian of the Special Fund, Appellant, v. OLIN MATHIESON CHEMICAL CORPORATION, Thomas H. Roberts, and Workmen's Compensation Board, Appellees.

Court of Appeals of Kentucky.

March 3, 1967.

Attorney(s) appearing for the Case

Stuart E. Alexander, Louisville, for appellant.

Marvin M. Sotsky, Louisville, for appellee, Roberts.

William Mellor, Louisville, for appellee, Olin Mathieson.

Robert Matthews, Atty. Gen., Frankfort, for appellee, Workmen's Compensation Bd.

DAVIS, Commissioner.

The basic issue at hand is whether the workmen's compensation award due to Thomas H. Roberts shall be paid by Olin Mathieson Chemical Corporation (hereinafter Olin) his employer at the time he was injured, or by the Special Fund. The Workmen's Compensation Board awarded Roberts compensation based upon 100% permanent disability, and ordered that the compensation should be paid by Olin. Upon appeal to the circuit court a judgment was obtained reversing...

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