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YOUNG v. SHEPHERD

451 S.W.2d 608 (1970)

John W. YOUNG, Commissioner of Labor of the Commonwealth of Kentucky and Custodian of the Special Fund, Appellant, v. Dallas SHEPHERD et al., Appellees.

Court of Appeals of Kentucky.

March 20, 1970.

Attorney(s) appearing for the Case

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

Woodrow W. Burchett, Prestonsburg, for Dallas Shepherd.

Workmen's Compensation Bd., J. Keller Whitaker, Frankfort, Secretary, for appellee.

REED, Judge.

This is a workmen's compensation case that involves an occupational disease claim by reason of disability resulting from pneumoconiosis. The Workmen's Compensation Board awarded the affected employee 35-percent permanent partial disability and directed that the compensation benefits be paid by the Special Fund. The employee appealed to circuit court. That court concluded that the compensation awarded by the Board was based on functional disability. The...

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