RUDD v. KENTUCKY MFG. CO.


574 S.W.2d 928 (1978)

Sue C. RUDD, Appellant, v. KENTUCKY MANUFACTURING COMPANY, James R. Yocom, Commissioner of Labor and Custodian of the Special Fund, and Workmen's Compensation Board, Appellees.

Court of Appeals of Kentucky.

December 1, 1978.


Attorney(s) appearing for the Case

J. Quentin Wesley, Wesley & Simpson, Morganfield, for appellant.

Robert G. Hunt, King, Deep & Branaman, Henderson, for appellees Kentucky Mfg. Co.

John Riehl, Jr., Dept. of Labor, Louisville, for appellees Com'r of Labor and custodian of the Special Fund.

Before COOPER, HAYES and PARK, JJ.


PARK, Judge.

The central issue presented by this appeal is whether an employee is entitled to benefits for total disability under KRS 342.730(1)(a) when a pre-existing heart condition prevents repair of a work-related hernia which otherwise would be only temporarily disabling. If the employee is entitled to more than temporary disability benefits for the work-related hernia, the issue of the Special Fund's liability is also presented.

The employee, Sue C....

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