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YOUNG v. BEAR BRANCH COAL COMPANY

434 S.W.2d 656 (1968)

John W. YOUNG, Commissioner of Labor of the Commonwealth of Kentucky and Custodian of the Special Fund, Appellant, v. BEAR BRANCH COAL COMPANY, Inc., et al., Appellees.

Court of Appeals of Kentucky.

November 15, 1968.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., Martin Glazer, Thomas R. Emerson, Dept. of Labor, Frankfort, for appellant.

William J. Baird, Edward R. Hays, Baird & Hays, Pikeville, for appellee-employer.

Ronald W. May, Pikeville, for appellee Otto Belcher.

CLAY, Commissioner.

In this workmen's compensation case the employee was found to be totally and permanently disabled, and that finding is not questioned. It appearing that the disability was largely attributable to psychoneurosis, the Special Fund was made a party. The Workmen's Compensation Board concluded that the employee's psychoneurotic disorder was not a "pre-existing dormant but nondisabling diseased condition" under KRS 342.120(1) (b) and, therefore, the...

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