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YOCOM v. FORTNEY

583 S.W.2d 506 (1979)

James R. YOCOM, Commissioner of Labor and Custodian of the Special Fund, Appellant, v. Dayle B. FORTNEY, City of Louisville, Division of Fire, and Workmen's Compensation Board, Appellees.

Court of Appeals of Kentucky.

June 15, 1979.

Attorney(s) appearing for the Case

Denis S. Kline, Asst. Counsel, Dept. of Labor, Louisville, Kenneth E. Hollis, Gen. Counsel, Dept. of Labor, Frankfort, for appellant.

John Frith Stewart, Rex Dunn, Louisville, for appellee Dayle B. Fortney.

Stuart E. Alexander, Asst. Director of Law, Louisville, for appellee City of Louisville.

Before HAYES, REYNOLDS and VANCE, JJ.

VANCE, Judge.

Dayle B. Fortney is a major in the Division of Fire of the City of Louisville. His duties include going into burning buildings to ascertain the progress of a fire in order to decide upon and supervise a plan for combatting the blaze. On September 28, 1976, while inside a burning building, Fortney suffered severe pains radiating from his chest to his neck, ears and left arm. His condition was diagnosed as severe atherosclerotic heart disease, and he subsequently...

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