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LAND v. BURDEN

80-CA-2257-MR.

626 S.W.2d 221 (1981)

Eugene F. LAND, Commissioner of Labor and Custodian of the Special Fund, Appellant, v. Odie BURDEN, Brown & Williamson Tobacco Corporation, and Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

June 12, 1981.

Attorney(s) appearing for the Case

James David Bryant, Harlin, Parker & Rudloff, Bowling Green, for appellee Burden.

Irvin Abell, III, Brown, Todd & Heyburn, Louisville, for appellee Brown & Williamson Tobacco Corp.

Gemma M. Harding, Deputy Gen. Counsel for Appeals, Dept. of Labor, Louisville, Kenneth E. Hollis, Gen. Counsel, Dept. of Labor, Frankfort, for appellant.

Before COOPER, WHITE and WILHOIT, JJ.

WILHOIT, Judge.

The only question raised on this appeal is whether the Workers' Compensation Board, affirmed on appeal by the Jefferson Circuit Court, erred as a matter of law in imposing liability against the Special Fund for all of the compensable disability of the appellee Odie Burden.

As the result of a back injury suffered by Mr. Burden while at work, the Board found him to be 100 percent occupationally disabled. Ten percent of his disability was determined...

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