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YOCOM v. GANTLEY

566 S.W.2d 176 (1978)

James R. YOCOM, Commissioner of Labor and Custodian of the Special Fund, Appellant, v. Eugene GANTLEY, Sunset Memorial Gardens, and Kentucky Workmen's Compensation Board, Appellees. SUNSET MEMORIAL GARDENS and Federal Kemper Insurance Agency, Appellants, v. Eugene GANTLEY, Kentucky Workmen's Compensation Board, and James R. Yocom, Commissioner of Labor and Custodian of the Special Fund, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied June 6, 1978.

Attorney(s) appearing for the Case

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

Charles L. Hobson, Robert A. Bowman, Frankfort, for Sunset Memorial Gardens and Federal Kemper Ins. Co.

Billy Todd Cheshire, Frankfort, for Eugene Gantley.

Before HOWARD, PARK and WHITE, JJ.

HOWARD, Judge.

This is an appeal from the Franklin Circuit Court wherein the Opinion and Award of the Kentucky Workmen's Compensation Board was affirmed. The Board found the claimant, Eugene Gantley, to have a thirty percent disability to the body as a whole, with twenty-five percent of that disability being noncompensable. The remaining five percent disability was apportioned between the Special Fund and the employer, Sunset Memorial Gardens. The percentage calculation...

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