ISLAND CREEK COAL CO. v. DeMOSS


621 S.W.2d 509 (1981)

ISLAND CREEK COAL COMPANY, Appellant, v. Jerry DeMOSS; James R. Yocom, Commissioner of Labor and Custodian of the Special Fund; Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

September 25, 1981.


Attorney(s) appearing for the Case

William P. Swain, Larry L. Johnson, Boehl, Stopher, Graves & Deindoerfer, Louisville, for appellants.

Leland Monhollon, Madisonville, for appellee, Jerry DeMoss.

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

Before WHITE, WILHOIT and WINTERSHEIMER, JJ.


WHITE, Judge.

This appeal is from a judgment of the Hopkins Circuit Court affirming an award and apportionment of the Workers' Compensation Board but reversing and remanding the allowance of temporary total benefits covering a period of time that the claimant was actually working. We affirm.

The claimant, Jerry DeMoss, sustained injuries to his back on November 6, 1976, and January 18, 1977. Following three days off from work, the claimant continued working...

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