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YOCOM v. LAYNE

553 S.W.2d 52 (1977)

James R. YOCOM, Commissioner of Labor, etc., Appellant, v. Henry B. LAYNE et al., Appellees.

Supreme Court of Kentucky.

June 10, 1977.

Attorney(s) appearing for the Case

Kenneth E. Hollis, Gen. Counsel, Dept. of Labor, Frankfort, Gemma M. Harding, Dept. of Labor, Louisville, for appellant.

C. Kilmer Combs, Kelsey E. Friend Law Firm, John H. Baird, Baird & Baird, Pikeville, for appellees.

STERNBERG, Justice.

This appeal brings in issue the proper application of the apportionment statute of the Workmen's Compensation laws. KRS 342.120.

On July 19, 1972, Henry B. Layne sustained a work-related injury. He had been working for the T. E. Rogers and Son trucking company since July 1, 1951, and had been a truck driver for about 35 years. It is stipulated that the wages of Layne were sufficient to justify his receiving the maximum award, if any. The...

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