APACHE COAL CO. v. FULLER

No. 75-965.

541 S.W.2d 933 (1976)

APACHE COAL COMPANY, Appellant, v. Rodney FULLER and Workmen's Compensation Board of Kentucky, Appellees.

Supreme Court of Kentucky.

Rehearing Denied November 12, 1976.


Attorney(s) appearing for the Case

William J. Baird, III, Baird & Baird, Pikeville, for appellant.

C. Kilmer Combs, Kelsey E. Friend Law Firm, Pikeville, for appellee, Fuller.


LUKOWSKY, Justice.

This is an appeal from a judgment of the Pike Circuit Court which granted Rodney Fuller workmen's compensation benefits in the amount of $27.00 per week for partial disability.

The factual background is not in dispute. The evidence established that Fuller was injured after January 1, 1973, that he returned to work for another company after his injury at a higher wage than he was earning at the time of his injury and that he had a ten percent...

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