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SOUTH CENTRAL BELL TEL. CO. v. GEORGE

619 S.W.2d 723 (1981)

SOUTH CENTRAL BELL TELEPHONE COMPANY, Appellant, v. Malcolm D. GEORGE; James R. Yocom, Commissioner of Labor and Custodian of the Special Fund; and Workers' Compensation Board of Kentucky, Appellees.

Court of Appeals of Kentucky.

Withdrawn and Reissued July 24, 1981.

Discretionary Review Denied September 15, 1981.

Attorney(s) appearing for the Case

John M. Stephens, Stephens, Combs & Page, Pikeville, for appellant.

Woodrow W. Burchett, Prestonsburg, Dennis S. Kline, Dept. of Labor, Louisville, for appellees.

Before LESTER, McDONALD and REYNOLDS, JJ.

McDONALD, Judge:

The sole issue in this appeal concerns the calculation of credit against a Workers' Compensation award for payments made by an employer under a pension plan.

In September of 1978, the Workers' Compensation Board determined that Malcolm D. George was totally and permanently disabled from injuries precipitated by a slip and fall at work on July 29, 1976. Because the disability was due in part to a pre-existing condition, the award was apportioned...

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