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YOUNG v. KENTLAND-ELKHORN COAL CORPORATION

473 S.W.2d 119 (1971)

John W. YOUNG, Commissioner of Labor of the Commonwealth of Kentucky, etc., Appellant, v. KENTLAND-ELKHORN COAL CORPORATION et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied December 17, 1971.

Attorney(s) appearing for the Case

Martin Glazer, Thomas R. Emerson, Dept. of Labor, Frankfort, Ky., Gemma M. Harding, Dept. of Labor, Louisville, for appellant.

John M. Stephens, Stephens, Combs & Page, Herbert Deskins, Jr., Pikeville, for appellees.

REED, Judge.

In this workmen's compensation case, the board awarded benefits for permanent and total disability to Western Stump, the employee of Kentland-Elkhorn Coal Corporation. The board found liability for the payment of the compensation benefits was exclusively that of the employer. The employer asserted that the liability for payment of benefits should be apportioned equally between it and the Special Fund. The circuit court upheld the board's finding that...

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