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YOCOM v. HARVEY

578 S.W.2d 52 (1979)

James R. YOCOM, Commissioner of Labor and Custodian of the Special Fund, Movant, v. Byron HARVEY, Peabody Coal Company and Workmen's Compensation Board, Respondents.

Supreme Court of Kentucky.

February 27, 1979.

Attorney(s) appearing for the Case

Gemma M. Harding, Cyril E. Shadowen, Louisville, Kenneth E. Hollis, Gen. Counsel, Dept. of Labor, Frankfort, for movant.

J. Quentin Wesley, Thomas E. Simpson, Wesley & Simpson, Morganfield, Thomas L. Ferreri, Madisonville, for respondents.

CLAYTON, Justice.

This case arises out of a work-related back injury suffered by Byron Harvey on August 14, 1973, while in the employ of the Peabody Coal Company. The Workmen's Compensation Board, from conflicting medical evidence, found that Harvey had sustained 25% permanent partial disability. The Board, having determined that one-half of the disability was attributable to arousal of a dormant nondisabling degenerative disc condition, apportioned the liability...

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