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C. E. PENNINGTON CO., INC. v. WINBURN

537 S.W.2d 167 (1976)

C. E. PENNINGTON COMPANY, INC., et al., Appellants, v. Tracy Leon WINBURN et al., Appellees.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing May 7, 1976.

Attorney(s) appearing for the Case

Lional A. Hawse, Landrum, Patterson & Dickey, Lexington, for appellants.

W. Rodes Clay, Clay, Dykeman, Gartland & Watts, Lexington, for appellees.

C. Kilmer Combs, Kelsey E. Friend Law Firm, Pikeville, for amicus curiae Rodney Fuller.

William A. Rice, Rice & Huff, Harlan, for United States Steel Corp., National Independent Coal Operators Assn., and Harlan County Coal Operators Assn.

Carl Arthur Henlein, John W. Bilby, Middleton, Reutlinger & Baird, Louisville, for International Harvester Co., Associated Industries of Kentucky and Louisville Chamber of Commerce.

Armer H. Mahan, Davis & Mahan, Louisville, for Commercial Union Assurance Co., Transport Ins. Co., and Kentucky Carbon Coal Corp.

Larry L. Johnson, William P. Swain, Boehl, Stopher, Graves & Deindoerfer, Louisville, for Old Republic Ins. Co.

JONES, Justice.

This appeal is from the Workmen's Compensation Board's award of $39.25 per week for a 20% permanent-partial disability to Tracy Leon Winburn.

Pennington and Insurance Company of North America filed a petition for review in the Fayette Circuit Court. On April 30, 1975, the Fayette Circuit Court affirmed the board. Pennington and its insurance company have appealed.

Winburn, a 39-year-old carpenter, was employed by Pennington. On October...

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