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YOUNG v. TERWORT

459 S.W.2d 136 (1970)

John W. YOUNG, Commissioner of Labor for the Commonwealth of Kentucky and Custodian of the Special Fund, Appellant, v. John G. TERWORT d/b/a John G. Terwort and Son, et al., Appellees. Edmund HARMELING, Appellant, v. John W. YOUNG, Commissioner of Labor, Commonwealth of Kentucky, etc., et al., Appellees.

Court of Appeals of Kentucky.

October 23, 1970.

Attorney(s) appearing for the Case

Martin Glazer, Dept. of Labor, Frankfort, Gemma M. Harding, Louisville, for Special Fund, for John W. Young, and others.

William B. O'Neal, Kilcoyne, O'Neal, Meier & Varnau, Cincinnati, Ohio, J. Keller Whitaker for Workmen's Compensation Board, Frankfort, for John G. Terwort, and others.

Bernard J. Blau, Newport, for appellant Edmund Harmeling.

CULLEN, Commissioner.

The Workmen's Compensation Board awarded compensation to Edmund Harmeling for total permanent disability arising out of an accident in the course of his employment with John G. Terwort. The board found that all of the disability was due to the arousal into disabling reality of a pre-existing nondisabling disease, and therefore ordered that the Special Fund pay the entire award for disability benefits. See KRS 342.120. However, the board imposed...

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