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INDIAN LEASING CO. v. TURBYFILL

577 S.W.2d 24 (1978)

INDIAN LEASING COMPANY and Chubb & Sons, Inc., Appellants, v. Marshall H. TURBYFILL, Deceased, Carolyn J. Turbyfill, widow, James R. Yocom, Commissioner of Labor and Custodian of the Special Fund, and the Workmen's Compensation Board, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied March 13, 1979.

Attorney(s) appearing for the Case

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

Carl W. Brown, Handmaker, Weber & Meyer, Louisville, Niles S. Nimmo, Nashville, Tenn., for appellee Marshall H. Turbyfill, Deceased and Carolyn J. Turbyfill, Widow.

Kenneth E. Hollis, Gen. Counsel, Dept. of Labor, Frankfort, John Riehl, Jr., Asst. Counsel, Dept. of Labor, Louisville, for appellee James R. Yocom, etc.

Before HAYES, PARK and REYNOLDS, JJ.

PARK, Judge.

This workmen's compensation appeal presents the issue of apportionment of liability between the employer and the Special Fund for the consequences of a heart attack suffered by Marshall Turbyfill while employed by Indian Leasing Co. as a truck driver. On April 9, 1975, Turbyfill suffered a heart attack as he was working atop an Indian Leasing Company trailer attempting to cover a load of plywood with a heavy tarpaulin. Turbyfill died when he fell 12 feet...

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