ISLAND CREEK COAL COMPANY v. BROWDER


584 S.W.2d 592 (1978)

ISLAND CREEK COAL COMPANY, Appellant, v. Robert Thomas BROWDER, James R. Yocom, Commissioner of Labor and Custodian of the Special Fund, and Workmen's Compensation Board, Appellee.

Court of Appeals of Kentucky.

April 14, 1978.


Attorney(s) appearing for the Case

Larry L. Johnson, William P. Swain, Boehl, Stopher, Graves & Deindoerfer, Louisville, for appellant.

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

Dick Adams, Adams & Massamore, Madisonville, for appellee Browder.

Before HOWERTON, LESTER and WHITE, JJ.


LESTER, Judge.

This appeal involves only the question of the percentage of apportionment required by KRS 342.316(13)(a), between the Special Fund and Island Creek Coal Company, a Delaware Corporation, for the disability caused by the occupational disease of Robert Thomas Browder.

The Workmen's Compensation Board found Browder had contracted coal worker's pneumoconiosis due to his work as a coal miner, which resulted in his total and permanent disability as...

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