MOBILE WASH OF LOUISVILLE, INC. v. LOVITT


565 S.W.2d 150 (1978)

MOBILE WASH OF LOUISVILLE, INC., Appellant, v. Sherman LOVITT, James R. Yocom, Commissioner of Labor and Custodian of the Special Fund, and Workmen's Compensation Board, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied April 14, 1978.

Ordered Published April 28, 1978.


Attorney(s) appearing for the Case

James M. Graves, William P. Swain, Boehl, Stopher, Graves & Deindoerfer, Louisville, for appellant.

Erwin A. Sherman, Louisville, for appellee Lovitt.

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

Before HAYES, REYNOLDS and VANCE, JJ.


HAYES, Judge.

This is an appeal of a judgment entered by the Jefferson Circuit Court which affirmed a decision of the Workmen's Compensation Board.

The claimant, Sherman Lovitt, was employed by Mobile Wash of Louisville, Inc. as a tank car cleaner. In the course of his employment on July 22, 1976, he was assigned to clean the inside of a tank car which contained a highly toxic chemical called P-ethoxynitro-benzene. Claimant had spent approximately three (3...

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