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LIVINGSTON COUNTY FARM SUPPLY v. SPENCER

593 S.W.2d 76 (1979)

LIVINGSTON COUNTY FARM SUPPLY, INC., Movant, v. William H. SPENCER, William F. McGee, James R. Yocom, Commissioner of Labor and Custodian of the Special Fund; and Workmen's Compensation Board, Respondents. James R. YOCOM, Commissioner of Labor and Custodian of the Special Fund, Movant, v. William H. SPENCER, William F. McGee, Livingston County Farm Supply, Inc.; and Workmen's Compensation Board, Respondents. James R. YOCOM, Commissioner of Labor and Custodian of the Special Fund, Movant, v. Comer STEVENSON, George M. Eady Company; and Workmen's Compensation Board, Respondents.

Supreme Court of Kentucky.

December 18, 1979.

Attorney(s) appearing for the Case

Earle T. Shoup, Paducah, for movant Livingston County Farm Supply, Inc.

William F. McGee, Smithland, for respondents William H. Spencer and William F. McGee.

Cyril E. Shadowen, Dept. of Labor, Louisville, Kenneth E. Hollis, Dept. of Labor, Frankfort, for movant James R. Yocom.

Robert M. Lindsay, Louisville, for respondent Comer Stevenson.

William Mellor, Louisville, Donald Campbell, Director, Workmen's Compensation Board, Frankfort, for respondent George M. Eady Co.

LUKOWSKY, Justice.

The question presented is whether future benefits payable pursuant to a workmen's compensation award to continue during disability may be commuted to a lump sum for the purpose of the payment of the fee of the attorney for the claimant (KRS 342.320) or other benefit of the claimant (KRS 342.150) without violating either the United States or Kentucky constitutions. The Court of Appeals answered the question yes. We agree.

The employers and...

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