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MUNDAY v. CHURCHILL DOWNS, INC.

600 S.W.2d 487 (1980)

John Joseph MUNDAY, Appellant, v. CHURCHILL DOWNS, INC.; A. Eugene Hancock; James R. Yocom, Commissioner of Labor and Custodian of the Special Fund; Frances Jones Mills, Treasurer of the Commonwealth of Kentucky and Custodian of the Uninsured Employers Fund; and Workmen's Compensation Board of Kentucky, Appellees.

Court of Appeals of Kentucky.

February 15, 1980.

Attorney(s) appearing for the Case

Robert Haddad, Harris J. Berman, Louisville, for appellant.

Robert F. Stephens, Atty. Gen., Michael A. Richardson, Thomas A. Ainley, Asst. Attys. Gen., Frankfort, for appellee, Uninsured Employers' Fund.

Thomas G. Mooney, Ewen, MacKenzie & Peden, P.S.C., R. Lawrence Baird, Tarrant, Combs & Bullitt, Lousiville, for appellee, Churchhill Downs, Inc.

Mark E. Mader, Louisville, for appellee, Hancock.

Denis S. Kline, Asst. Counsel, Dept. of Labor, Louisville, and Kenneth E. Hollis, Gen. Counsel, Dept. of Labor, Frankfort, for appellee, Special Fund.

Before HAYES and WILHOIT and WINTERSHEIMER, JJ.

WINTERSHEIMER, Judge.

This appeal is from a judgment entered May 30, 1979, affirming an order of the Workmen's Compensation Board, dismissing the claim for compensation of a jockey who was injured when he fell from a race horse. The principal question is whether the jockey is an employee or an independent contractor.

Munday, a 37-year-old licensed jockey with twelve years experience, fell from a horse during a race at Churchill Downs on June 26, 1976. He sustained...

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