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TRANSPORT MOTOR EXP., INC. v. FINN

568 S.W.2d 509 (1977)

TRANSPORT MOTOR EXPRESS, INC. Michigan Mutual Insurance Co. and/or Michigan Mutual Liability Co., Appellants, v. William F. FINN, James R. Yocom, Commissioner of Labor and Custodian of the Special Fund Workmen's Compensation Board, Appellees.

Court of Appeals of Kentucky.

As Modified October 18, 1977.

Discretionary Review Granted December 7, 1977.

Attorney(s) appearing for the Case

Larry L. Johnson, William P. Swain, Thomas H. Watson, Boehl, Stopher, Graves, & Deindoerfer, Louisville, for appellants.

Buel L. Cox, Louisville, John Riehl, Jr., Asst. Counsel, Dept. of Labor, Louisville, Kenneth E. Hollis, Gen. Counsel, Dept. of Labor, Frankfort, for appellees.

Before the Court sitting En Banc.

GANT, Judge.

This is an appeal from a judgment of the Jefferson Circuit Court affirming an award of the Workmen's Compensation Board to the appellee in the amount of $35.97 per week from the employer and $35.97 from the Special Fund. The facts are not in dispute, both appellants and appellees agreeing that the sole questions are questions of law and not fact. The agreed facts are as follows:

1. The appellee is 100% disabled at the present time.

2....

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