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YOCOM v. WEINBERGER

559 S.W.2d 168 (1977)

James R. YOCOM, Commissioner of Labor and Custodian of the Special Fund, Kling Company, and Aetna Life and Casualty Insurance Company, Appellants, v. Carolyn WEINBERGER, widow of Maxwell S. Weinberger, and the Workmen's Compensation Board, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied December 16, 1977.

Attorney(s) appearing for the Case

Gemma M. Harding, Deputy Gen. Counsel, Dept. of Labor, Louisville, for appellant, James R. Yocom.

Stuart E. Alexander, Louisville, for appellants, Kling Co. & Aetna Life & Cas.

William Kiel, Louisville, for appellee, Carolyn Weinberger.

Before MARTIN, C.J., and COOPER and HOWARD, JJ.

HOWARD, Judge.

This is an appeal from the Jefferson Circuit Court which affirmed the Award and Order of the Kentucky Workmen's Compensation Board which found that the death of Maxwell S. Weinberger was the result of a "fortuitous unexpected injury traceable to the work by virtue of it having occurred in the course of his employment" and apportioned the award paid to plaintiff-appellee, Carolyn Weinberger, as follows: a) 10% to be recovered from defendant-appellant...

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