FAYETTE COUNTY BOARD OF EDUCATION v. PHILLIPS


439 S.W.2d 319 (1969)

FAYETTE COUNTY BOARD OF EDUCATION, Appellant, v. Wanda Mae PHILLIPS, Appellee.

Court of Appeals of Kentucky.

March 28, 1969.


Attorney(s) appearing for the Case

Leslie W. Morris, II, Stoll, Keenon & Park, Lexington, for appellant.

Elwood Rosenbaum, Lexington, for appellee.


DAVIS, Commissioner.

At issue is whether appellee has lost her right to maximum benefits under our Workmen's Compensation Act by reason of the inadvertent failure to prove an undisputed fact. The Board ruled that the failure of proof was fatal. On appeal the circuit court ruled otherwise; hence, the employer's present appeal.

Appellee worked full time for appellant as a bus driver. On September 30, 1965, she informed her supervisor that she had accepted employment...

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