DEPARTMENT OF ECONOMIC SECURITY v. SIZEMORE


471 S.W.2d 733 (1971)

DEPARTMENT OF ECONOMIC SECURITY, Commonwealth of Kentucky, Appellant, v. Elmer SIZEMORE et al., Appellees. John W. YOUNG, Commissioner of Labor of the Commonwealth of Kentucky and Custodian of the Special Fund, Appellant, v. Elmer SIZEMORE, The Workmen's Compensation Board and Department of Economic Security, Commonwealth of Kentucky, Appellees.

Court of Appeals of Kentucky.

October 15, 1971.


Attorney(s) appearing for the Case

Robert L. Milby, Hamm, Taylor, Milby & Farmer, London, for appellant Dept. of Economic Security.

Martin Glazer, Dept. of Labor, Frankfort, for appellant John W. Young, Commissioner, etc.

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

Neville Smith, Manchester, for appellee Elmer Sizemore.


GARDNER, Commissioner.

Elmer Sizemore received an injury to his back while employed by the Department of Economic Security, Commonwealth of Kentucky, on the Unemployed Fathers' Program. This was in 1966. Following his application for workmen's compensation it was disclosed that his back was previously injured in 1961, so the Special Fund was made a party. The Compensation Board determined that Sizemore is totally and permanently disabled, ascribing 50% of the disability...

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