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JOSEPH E. SEAGRAM & SON, INC. v. LYONS

473 S.W.2d 106 (1971)

JOSEPH E. SEAGRAM & SON, INC., Appellant, v. Viola LYONS et al., Appellees.

Court of Appeals of Kentucky.

November 19, 1971.

Attorney(s) appearing for the Case

C. Dant Kearns, Stites & McElwain, Louisville, for appellant.

Freeman B. Blackwell, Louisville, Thomas R. Emerson, Dept. of Labor, Frankfort, Gemma M. Harding, Louisville, for appellees.

REED, Judge.

In this workmen's compensation case, the board entered an open-end award in favor of Viola Lyons to be paid entirely by her employer, Joseph E. Seagram & Son, Inc., without any reimbursement by the Special Fund. The employer appealed to the circuit court on the ground that under the evidence the apportionment statute applied. (KRS 342.120). The circuit court affirmed the board's decision. The employer thereupon appealed to this court.

The...

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