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YOUNG v. KIMBLER

479 S.W.2d 899 (1972)

John W. YOUNG, Commissioner of Labor of the Commonwealth of Kentucky and Custodian of the Special Fund, Appellant, v. George KIMBLER, Jr., et al., Appellees.

Court of Appeals of Kentucky.

April 28, 1972.

Attorney(s) appearing for the Case

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

Perry & Greene, Paintsville, for appellee George Kimbler, Jr.

J. K. Wells, Paintsville, for appellee F & R Coal Co.

GARDNER, Commissioner.

The circuit court upheld the opinion and award of the Workmen's Compensation Board which determined that claimant was entitled to benefits based on total permanent disability to be paid by Special Fund. The employer, F & R Coal Company, was directed to pay the medical expenses. Only Special Fund appeals. We affirm.

Claimant's testimony might be summarized as follows. At the time of filing his workmen's compensation application

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