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LAND v. PEABODY COAL CO.

619 S.W.2d 501 (1981)

Eugene F. LAND, Commissioner of Labor and Custodian of the Special Fund, Appellant, v. PEABODY COAL COMPANY; Bobby Douglas Johnson; and Workers' Compensation Board of Kentucky, Appellees.

Court of Appeals of Kentucky.

June 26, 1981.

Attorney(s) appearing for the Case

Kenneth E. Hollis, Gen. Counsel, Dept. of Labor, Frankfort, John E. Stephenson, Asst. Counsel, Dept. of Labor, Louisville, for appellant.

Thomas L. Ferreri, Charles E. Lowther, Mills, Mitchell & Turner, Madisonville, A. V. Conway, II, Beaver Dam, for appellees Peabody Coal Co.

Before HOWARD, REYNOLDS and WINTERSHEIMER, JJ.

HOWARD, Judge.

The Special Fund appeals from a judgment in the Ohio Circuit Court, said judgment affirming in part and reversing in part an award by the Workers' Compensation Board. The Board found Mr. Johnson to be 100% occupationally disabled and apportioned this disability two-thirds to the employer, Peabody Coal Company, and one-third to the Special Fund. The Board also found Mr. Johnson to have been temporarily totally...

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