YOUNG v. ALLEN


439 S.W.2d 81 (1969)

John W. YOUNG, Commissioner of Labor of the Commonwealth of Kentucky, etc., Appellant, v. Steve ALLEN et al., Appellees.

Court of Appeals of Kentucky.

March 28, 1969.


Attorney(s) appearing for the Case

Martin Glazer, Thomas R. Emerson, Dept. of Labor, Frankfort, for appellant.

John F. Stewart, Louisville, George Akin, Dept. of Highways, A. J. Sehlinger, III, J. Keller Whitaker, Workmen's Compensation Board, Frankfort, for appellees.


PALMORE, Judge.

KRS 342.316(13) provides among other things that when workmen's compensation is payable for an occupational disease that has developed to the point of disability through an exposure of five years or more it shall be paid 60% by the employer and 40% by the Special Fund.

The appellee Allen has an occupational disease which became disabling through more than five years of exposure to gasoline while in the employment of the state highway department...

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