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B & B CONST. CO. OF OHIO, INC. v. RADFORD

542 S.W.2d 769 (1976)

B & B CONSTRUCTION COMPANY OF OHIO, INC., Appellant, v. Massar R. RADFORD et al., Appellees.

Supreme Court of Kentucky.

October 29, 1976.

Attorney(s) appearing for the Case

Armer H. Mahan, Davis & Mahan, Louisville, for appellant.

John Frith Stewart, Segal, Isenberg, Sales, Stewart & Nutt, Louisville, for appellees.

PALMORE, Justice.

The appellee, Radford, filed a workmen's compensation claim on May 16, 1972. On February 13, 1974, after the proof had been submitted for decision but before the Board had acted upon it, he sought unsuccessfully to have the order of submission withdrawn so that he might introduce proof of what he alleged to be a change of condition. The Board awarded compensation against the employer alone (dismissing the claim as against the Special Fund), based...

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