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MILLS v. ARTHUR CONST. CO.

559 S.W.2d 742 (1977)

Frances Jones MILLS, Treasurer of the Commonwealth of Kentucky, as Custodian of the Uninsured Employers' Fund, Appellant, v. ARTHUR CONSTRUCTION COMPANY, Fain & Pickett Excavating and Trucking, Thomas J. Ruth, James R. Yocom, Commissioner of Labor, as Custodian of the Special Fund, and Workmen's Compensation Board of the Commonwealth of Kentucky, Appellees.

Court of Appeals of Kentucky.

December 16, 1977.

Attorney(s) appearing for the Case

Robert F. Stephens, Atty. Gen., Richard Joiner, Asst. Atty. Gen., Frankfort, for appellant.

Richard M. Compton, Georgetown, for Arthur Const. Co. and Fain & Pickett Excavating and Trucking.

Bennett Clark, Stoll, Kennon & Park, Lexington, for Thomas J. Ruth.

Cyril E. Shadowen, Asst. Counsel, Dept. of Labor, Louisville, Kenneth E. Hollis, Gen. Counsel, Dept. of Labor, Frankfort, for Special Fund.

Before HAYES, WILHOIT and WINTERSHEIMER, JJ.

HAYES, Judge.

This is an appeal of a judgment of the Scott Circuit Court which reversed a decision of the Workmen's Compensation Board.

The facts were set out in the Agreed Statement of Record on Appeal:

Thomas J. Ruth was injured on August 5, 1974 by reason of an accident arising out of and in the course of his employment with Fain & Pickett Excavating and Trucking. At the time of the injury he was...

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