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AMERICAN STANDARD, INC. v. STEPHEN

565 S.W.2d 158 (1978)

AMERICAN STANDARD, INC., Appellant, v. Will STEPHEN, Jr., and James R. Yocom, Commissioner of Labor and Custodian of the Special Fund and Workmen's Compensation Board of Kentucky, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied May 16, 1978.

Attorney(s) appearing for the Case

Irvin Abell, III, Brown, Todd & Heyburn, Charles S. Cassis, Louisville, for appellants.

Robert M. Lindsay, Segal, Isenberg, Sales, Stewart & Nutt, Cyril E. Shadowen, Dept. of Labor, Louisville, for appellees.

Before HOGGE, PARK and REYNOLDS, JJ.

HOGGE, Judge:

This is an appeal from a judgment of the Jefferson Circuit Court in a workmen's compensation case wherein, the circuit court affirmed an award of total disability to the claimant but declared that portion of the order of the board a nullity, which apportioned the award of fifty percent to the employer and fifty percent to the Special Fund. The court held that the Special Fund was not properly joined as a party and could therefore not be held liable....

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