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BROADWAY RUBBER CO. v. CECIL

553 S.W.2d 697 (1977)

BROADWAY RUBBER COMPANY, and Aetna Life & Casualty Insurance Co., Appellants, v. Bernice CECIL, James R. Yocom and Workmen's Compensation Board, Appellees.

Court of Appeals of Kentucky.

July 1, 1977.

Attorney(s) appearing for the Case

Stuart E. Alexander, Louisville, for appellants.

Cyril E. Shadowen (Sp. Fund), Dept. of Labor, Louisville, Kenneth E. Hollis (Sp. Fund), Dept. of Labor, Frankfort, Donald L. Cox (Appellee Cecil), Louisville, for appellees.

Before HOWERTON, GANT and WILHOIT, Judges.

HOWERTON, Judge.

This case involves the single issue of the apportionment of a Workmen's Compensation award between the employer and the Special Fund.

James D. Cecil filed an application for adjustment of claim on October 8, 1974, alleging disability due to an occupational disease as of April 24, 1974, namely "silicosis". The finding of the Board of "permanent total disability" is not challenged. Subsequent to the award, and while an appeal was pending, Cecil...

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