COLUMBIA COAL COMPANY v. GRIFFIE


425 S.W.2d 755 (1968)

COLUMBIA COAL COMPANY and Old Republic Insurance Company, Appellants, v. Clyde GRIFFIE et al., Appellees.

Court of Appeals of Kentucky.

March 8, 1968.


Attorney(s) appearing for the Case

Fred G. Francis, Howard, Francis & Howard, Prestonsburg, for appellants.

W. W. Burchett, Prestonsburg, Thomas R. Emerson, Frankfort, for appellees.


CLAY, Commissioner.

In this workmen's compensation case the circuit court confirmed an award of total and permanent disability benefits against the appellant employer. The only issue on appeal is whether the Board should have apportioned the award between the employer and the Special Fund in accordance with the report of a physician who was appointed under KRS 342.121.

In 1944 the employee had severely injured his right leg and was disabled for several years...

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