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YOCOM v. FAYARD

515 S.W.2d 614 (1974)

James R. YOCOM, Commissioner of Labor, etc., Appellant, v. Milton John FAYARD et al., Appellees.

Court of Appeals of Kentucky.

November 8, 1974.

Attorney(s) appearing for the Case

Thomas L. Ferreri, Dept. of Labor, for Special Fund, Earl M. Cornett, Gen. Counsel, Dept. of Labor, Frankfort, for appellant.

James W. Owens, Samuel S. Boaz, Paducah, for appellees.

PALMORE, Justice.

The Special Fund appeals from a judgment upholding an award of the Workmen's Compensation Board finding the claimant totally and permanently disabled and apportioning causation as follows: (a) active pre-existing disability, 25%; work-connected injury sustained on September 24, 1971, 25%; and arousal of dormant, pre-existing disease condition into disabling reality, 50%. Cf. KRS 342.120(1) (a) and (b) and 342.120(3).

The Special Fund's contention...

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