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YOCOM v. HAYES

516 S.W.2d 651 (1974)

James R. YOCOM, Comm. of Labor and Custodian of the Special Fund, Appellant, v. Drucilla HAYES, Administratrix of the Estate of Everett Hayes, et al., Appellees.

Court of Appeals of Kentucky.

December 6, 1974.

Attorney(s) appearing for the Case

James Kemp, Dept. of Labor, Frankfort, for Special Fund.

William Melton, Hazard, for Everett Hayes.

Richard D. Cooper, Hazard, for River Process, Inc.

PER CURIAM.

The Board's finding concerning claimant's compliance with KRS 342.316(4) was in substance that "when there is a work interruption which not only is completely beyond plaintiff's control but, in fact, is caused by the nature of his employment wherein conditions are imposed that he is powerless to correct or compensate for," amelioration of the requirements of the statute is called for. This finding is unacceptable...

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