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YOCOM v. PAYNE

512 S.W.2d 517 (1974)

James R. YOCOM, Commissioner of Labor and Custodian of the Special Fund, Successor to Thomas E. Raney, Successor to John W. Young, et al., Appellants, v. Joseph Roy PAYNE and Workmen's Compensation Board of Kentucky, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied September 6, 1974.

Attorney(s) appearing for the Case

Gemma M. Harding, Dept. of Labor, Louisville, Robert D. Hawkins, Chief Counsel for Special Fund, Frankfort, Marvin P. Nunley, Owensboro, William Kiel, Louisville, for appellants.

John W. Beard, Owensboro, J. Keller Whitaker, Director, Workmen's Compensation Board, Frankfort, for appellees.

STEPHENSON, Justice.

The Daviess Circuit Court affirmed an award of the Workmen's Compensation Board finding Payne permanently and totally disabled. The award provided that Arthur W. Baird, d/b/a Baird's Plumbing and Heating Company, be liable for 25%, Parrish Avenue Plumbing and Hardware, Inc., 25%, and the Special Fund 50%. Both employers and the Special Fund appeal. We reverse.

Payne filed a claim against Baird for a back injury which occurred in 1967....

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