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WAGONER v. CANSLER

542 S.W.2d 291 (1976)

George R. WAGONER, Acting Commissioner, Department of Labor, etc., Appellant, v. Edwin CANSLER et al., Appellees. George R. WAGONER, Acting Commissioner, Department of Labor, etc., Appellant, v. Earl RENSHAW et al., Appellees. George R. WAGONER, Acting Commissioner, Department of Labor, etc., Appellant, v. Lawson SMITH et al., Appellees.

Supreme Court of Kentucky.

October 1, 1976.

Attorney(s) appearing for the Case

Earl M. Cornett, Gen. Counsel, Dept. of Labor, Frankfort, Cyril E. Shadowen, Dept. of Labor, Louisville, for appellant.

Leland Monhollon, Ronald K. Bruce, Thomas Mitchell, Madisonville, J. Craig Riddle, Jr. (Agent for Island Creek Coal Co., appellee), Madisonville, for appellees.

STERNBERG, Justice.

These appeals are the aftermath of workmen's compensation litigation. Motions for appeal were granted, and the above-styled appeals were consolidated. The one and only issue is the same in each of these appeals, and we limit our consideration to the single question worded as follows in appellants' brief:

"Whether an agency of the Commonwealth is required to pay the penalty prescribed by KRS 21.130."

The Workmen's Compensation...

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