RIVER COAL COMPANY, INC., Movant,
v.
Eugene MULLINS et al., Respondents. and
James R. YOCOM, Commissioner of Labor and Custodian of the Special Fund, Movant,
v.
Eugene MULLINS et al., Respondents, and
James R. YOCOM, Commissioner of Labor and Custodian of the Special Fund, Movant,
v.
Robert Arthur BURTON et al., Respondents.
Supreme Court of Kentucky.https://leagle.com/images/logo.png
November 20, 1979.
Rehearing Denied April 1, 1980.
Attorney(s) appearing for the Case
J. W. Craft, Jr., Richard C. Ward, Randall Scott May, Craft, Barret, Haynes & Ward, Hazard, for movant River Coal Co., Inc.
H. Garland Wells, Hazard, John Riehl, Jr., Dept. of Labor, Louisville and Stephen A. Burnham and Gemma Harding, Louisville, Kenneth Hollis, Dept. of Labor, Frankfort, for respondents Eugene Mullins, et al.
Gemma M. Harding, John Riehl, Jr., Dept. of Labor, Louisville, Kenneth E. Hollis, Dept. of Labor, Frankfort, for movant James R. Yocom, et al.
H. Garland Wells, Hazard, Richard C. Ward and Randall Scott May, J. W. Craft, Jr., Hazard, Donald Campbell, Director, Workmen's Compensation Bd., Frankfort, for respondents Eugene Mullins, et al.
John Riehl, Jr., Gemma M. Harding, Dept. of Labor, Louisville, Kenneth E. Hollis, Dept. of Labor, Frankfort, for movant James R. Yocom and Special Fund.
Julian R. Gabbard, Lexington, for Robert Burton.
William R. Garner and W. R. Patterson, Jr., Landrum, Patterson & Dickey, Lexington, for Smith's Trans. Corp. and Transport Ins. Co.
Donald Campbell, Director, Frankfort, for Workmen's Compensation Bd.
Supreme Court of Kentucky.
LUKOWSKY, Justice.
The issue to be determined is the proper method of apportioning workers' compensation payments among the interested parties when a dormant disease or condition is aroused into disabling reality by injury or occupational disease and no prior active disabling disease or injury is involved.
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