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YOUNG v. WHITE DEER COAL COMPANY

441 S.W.2d 108 (1969)

John W. YOUNG, Commissioner of Labor of the Commonwealth of Kentucky and Custodian of the Special Fund, Appellant, v. WHITE DEER COAL COMPANY, G-I Hite Preparation Company, Turner Elkhorn Mining Company, Thurman Akers and Workmen's Compensation Board of Kentucky, Appellees.

Court of Appeals of Kentucky.

May 9, 1969.

Attorney(s) appearing for the Case

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

G. C. Perry, III, Perry & Greene, Paintsville, for appellee Thurman Akers.

Fred G. Francis, Howard, Francis & Howard, Prestonsburg, for appellee White Deer Coal Co., G-I Hite Preparation Co. and Turner Elkhorn Mining Co.

CULLEN, Commissioner.

The Workmen's Compensation Board, in awarding compensation for total permanent disability to Thurman Akers, found that his disability was due solely to an accident in the course of his employment and no part of the disability was due to the arousing into disabling reality of a preexisting condition. Accordingly the board directed that the employer pay all of the compensation. On appeal by the employer to the circuit court judgment was entered...

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