ALTIZER COAL COMPANY v. CLEVINGER


421 S.W.2d 360 (1967)

ALTIZER COAL COMPANY, Inc., Appellant, v. Grayson CLEVINGER et al., Appellees.

Court of Appeals of Kentucky.

November 24, 1967.


Attorney(s) appearing for the Case

Fred B. Redwine, Sanders & Redwine, Pikeville, for appellant.

Robert Matthews, Atty. Gen., Frankfort, Kelsey E. Friend, Friend & Mullins, Pikeville, Stuart E. Alexander, Louisville, Paul D. Rehm, Versailles, Martin Glazer, Thomas R. Emerson, Dept. of Labor, Frankfort, for appellees.


WADDILL, Commissioner.

On this appeal the only ground relied on for reversal is that the Workmen's Compensation Board erred in refusing to hold the Special Fund liable for payment of a portion of the award obtained by appellee, Grayson Clevinger, against appellant, Altizer Coal Company, his employer. We affirm the judgment of the circuit court upholding the award and absolving the Special Fund from liability.

While Clevinger was working in the underground...

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