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YOUNG v. COMBS

487 S.W.2d 906 (1972)

John W. YOUNG, Commissioner of Labor and Custodian of the Special Fund, Appellant, v. Arthur COMBS et al., Appellees. Arthur COMBS, Cross-Appellant, v. John W. YOUNG, Commissioner of Labor and Custodian of the Special Fund, et al., Cross-Appellees.

Court of Appeals of Kentucky.

November 3, 1972.

Attorney(s) appearing for the Case

Gemma M. Harding, Dept. of Labor, Louisville, for appellant and cross-appellee John Y. Young (Special Fund).

H. B. Noble, Hazard, for appellee and cross-appellant Arthur Combs.

Maxwell P. Barret, Craft, Barret, Haynes & Ward, Hazard, for appellee Blair Fork Coal Co.

GARDNER, Commissioner.

The Workmen's Compensation Board determined that Arthur Combs was totally and permanently disabled and directed that the compensation benefits be paid by his employer Blair Fork Coal Company. The board concluded that Special Fund was not liable under the apportionment statute and dismissed it as a party defendant. The circuit court set aside the opinion and award of the board, and remanded the case to the board with directions to reopen the...

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