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UNITED STATES FIDELITY & GUARANTY CO. v. ALEXANDER

494 S.W.2d 522 (1973)

UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellant, v. Steve S. ALEXANDER and City of Louisville Workmen's Compensation Board, Appellees.

Court of Appeals of Kentucky.

May 4, 1973.

Attorney(s) appearing for the Case

C. Dant Kearns, Stites, McElwain & Fowler, Louisville, for appellant.

Stuart E. Alexander, Asst. Director of Law, Louisville, for appellee City of Louisville.

William C. Jacobs, Lexington, for appellee Steve Alexander.

CULLEN, Commissioner.

In the course of his employment as an apprentice or probationary fireman of the City of Louisville, Steve Alexander sustained an injury to his shoulder. The city had made an election under KRS 342.010 to operate under the Workmen's Compensation Act except as to members of the police and fire departments (for whom disability benefits were payable under certain conditions out of pension funds). Notwithstanding that the city had not elected to operate...

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