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YOUNG v. SOUTH-EAST COAL COMPANY

468 S.W.2d 316 (1971)

John W. YOUNG, Commissioner of Labor of the Commonwealth of Kentucky and Custodian of the Special Fund, Appellant, v. SOUTH-EAST COAL COMPANY, Inc. and Floyd Roberts and Workmen's Compensation Board, Appellees.

Court of Appeals of Kentucky.

June 18, 1971.

Attorney(s) appearing for the Case

Martin Glazer, Thomas R. Emerson, Dept. of Labor, Frankfort, for appellant.

William A. Rice, Gayle G. Huff, Rice & Huff, Harlan, F. Byrd Hogg, Hogg & Cornett, Whitesburg, for appellees.

REED, Judge.

In this workmen's compensation case we are again confronted with the issue concerning the liability of the Special Fund where a pre-existing bodily condition has accentuated the consequences of an industrial injury.

Floyd Roberts, a 56-year-old coal miner, was injured in the course of his occupation while lifting steel rails. The evidence established and the Workmen's Compensation Board found that Roberts...

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