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BETH-ELKHORN CORP. v. EPLING

450 S.W.2d 814 (1970)

BETH-ELKHORN CORP., Appellant, v. Virgil EPLING et al., Appellees.

Court of Appeals of Kentucky.

February 20, 1970.

Attorney(s) appearing for the Case

Harry C. Campbell, Pikeville, for appellant.

Kelsey E. Friend, Pikeville, for appellees.

DAVIS, Commissioner.

At issue is whether the Workmen's Compensation Board erred in failing to require appellee Epling to submit to surgery looking toward alleviating his total disability caused by a herniated disc. KRS 342.035 (2). The circuit court upheld the Board's order denying the appellant's motion that Epling be required to submit to the surgery.

The employer's motion for an order requiring Epling to submit to surgery was not made until after the compensation...

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