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OSBORNE v. JOHNSON

432 S.W.2d 800 (1968)

Adam OSBORNE, doing business as Pine Fork Coal Company, Appellant, v. Richard JOHNSON, Workmen's Compensation Board and Carl Cabe, Commissioner of Industrial Relations, Custodian of Special Fund, Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing November 1, 1968.

Attorney(s) appearing for the Case

E. R. Hays, Baird & Hays, Pikeville, for appellant.

Reed D. Anderson, Combs & Anderson, Pikeville, Thomas R. Emerson, Dept. of Labor, Frankfort, for appellees.

CULLEN, Commissioner.

The Workmen's Compensation Board made an award of compensation to Richard Johnson on the basis of 15 percent permanent partial disability. On appeal to the circuit court judgment was entered settting aside the board's order and remanding the case to the board with directions to enter an award for total permanent disability. Johnson's employer has appealed.

Johnson was a coal miner and claimed disability from a back injury. Upon the hearing...

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