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KENTLAND-ELKHORN COAL CORP. v. SLONE

599 S.W.2d 914 (1980)

KENTLAND-ELKHORN COAL CORPORATION, Movant, v. Agee SLONE et al., Respondents.

Supreme Court of Kentucky.

May 13, 1980.

Attorney(s) appearing for the Case

John H. Baird, Baird & Baird, Pikeville, for movant.

Gary C. Johnson, Pikeville, Kenneth E. Hollis, Gen. Counsel, Dept. of Labor, Frankfort, Cyril E. Shadowen, Asst. Counsel, Dept. of Labor, Louisville, Donald Campbell, Director, Workmen's Compensation Board, Frankfort, for respondents.

STERNBERG, Justice.

The Workmen's Compensation Board found Agee Slone totally disabled on November 13, 1978, and apportioned the award 20% to Kentland-Elkhorn Coal Corporation, 40% to the Special Fund, and 40% to the coal miners' pneumoconiosis fund. The Special Fund appealed to the Pike Circuit Court, which affirmed the Board. The Special Fund then appealed to the Court of Appeals, which reversed on June 29, 1979. The Court of Appeals ordered Kentland to pay 35%...

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