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EASTERN COAL CORPORATION v. BUTCHER

476 S.W.2d 832 (1972)

EASTERN COAL CORPORATION, Appellant, v. Elmer BUTCHER and Workmen's Compensation Board of Kentucky, Appellees.

Court of Appeals of Kentucky.

February 18, 1972.

Attorney(s) appearing for the Case

William J. Baird, Baird & Hays, Pikeville, for Eastern Coal Corp.

Robert J. Greene, Perry, Greene & Abell, Paintsville, for appellee Elmer Butcher.

J. Keller Whitaker, Director, Workmen's Compensation Bd., Frankfort, for appellee Workmen's Compensation Bd.

GARDNER, Commissioner.

Elmer Butcher sustained an injury to his back while working for Eastern Coal Corporation. The opinion and award of the Workmen's Compensation Board, which determined Butcher was 50 percent permanently partially disabled, was upheld by the judgment of the Pike Circuit Court. The employer appeals. We affirm.

The employer concedes that under the evidence Butcher was entitled to an award for permanent partial disability but insists the award...

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