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DAVIS v. COMER

532 S.W.2d 12 (1975)

Drexell DAVIS, Treasurer of the Commonwealth of Kentucky, as Custodian of the Uninsured Employers' Fund, Appellant, v. John COMER et al., Appellees.

Court of Appeals of Kentucky.

December 12, 1975.

Attorney(s) appearing for the Case

Ed W. Hancock, Atty. Gen., Frankfort, Lloyd R. Edens, Thomas A. Ainley, Asst. Attys. Gen., Frankfort, for appellant.

C. Kilmer Combs, Kelsey E. Friend, Law Firm, Pikeville, William O. Windchy, Louisville, Earl M. Cornett, Dept. of Labor, Frankfort, for appellees.

PALMORE, Justice.

This is a workmen's compensation case in which the employer's compensation insurance had expired before the date of the disability out of which the workman's claim arose. The question is whether the claimant's failure to make the Uninsured Employers' Fund (KRS 342.760) a party to the proceeding before the Workmen's Compensation Board is a defense to his claim asserted against it after the Board had entered a final award. We affirm the judgment of...

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