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YOCOM v. TRI-COUNTY SANITATION SERVICE, INC.

522 S.W.2d 850 (1975)

James R. YOCOM, Commissioner of Labor, etc., Appellant, v. TRI-COUNTY SANITATION SERVICE, INC., et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied June 6, 1975.

Attorney(s) appearing for the Case

Murvel E. Combs, Lexington, Robert D. Hawkins, Dept. of Labor, Special Fund, Frankfort, for appellant.

J. Keller Whitaker, Workmen's Compensation Board, Dept. of Labor, Frankfort, William E. Hensley, Corbin, Charles E. Palmer, Jr., Harbison, Kessinger, Lisle & Bush, Lexington, for appellees.

VANCE, Commissioner.

This is an appeal from a judgment of the Knox Circuit Court which awards compensation to the appellee, Hazel Thomas, hereinafter referred to as claimant, for total disability for so long as the disability continues (within statutory limits) and which apportions one-hundred percent of the liability to the Special Fund upon the theory that the entire disability was caused by the arousal of a preexisting dormant non-disabling disease condition into...

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