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KIRKWOOD v. JOHN DARNELL COAL CO.

602 S.W.2d 170 (1980)

Harold C. KIRKWOOD, Movant, v. JOHN DARNELL COAL COMPANY, James R. Yocom, Commissioner of Labor and Custodian of the Special Fund, and Workmen's Compensation Board, Respondents.

Supreme Court of Kentucky.

July 15, 1980.

Attorney(s) appearing for the Case

Ronald K. Bruce, Leland Monhollon, Joseph H. Kelley, Madisonville, for movant.

Dick Adams, Madisonville, for John Darnell Coal Co.

Gemma M. Harding, Dept. of Labor, Louisville, for James R. Yocom.

Kenneth E. Hollis, Dept. of Labor, Donald Campbell, Director, Workmen's Compensation Board, Frankfort, for respondents.

AKER, Justice.

On March 28, 1977, Movant Harold C. Kirkwood was awarded a total disability award by the Workmen's Compensation Board for the occupational disease pneumoconiosis and/or silicosis with seventy-five percent (75%) payable by the Special Fund and twenty-five percent (25%) payable by John Darnell Coal Company, the employer. The employer appealed to the Hopkins Circuit Court but the Special Fund did not appeal. The Hopkins Circuit Court affirmed the Opinion...

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