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LAND v. STARKS

628 S.W.2d 346 (1981)

Eugene F. LAND, Commissioner of Labor and Custodian of the Special Fund, Appellant, v. Richard F. STARKS; Universal Plumbing Supply Co.; and Workers' Compensation Board, Appellees, and Richard M. STARKS, Cross-Appellant, v. UNIVERSAL PLUMBING SUPPLY COMPANY, INC. and Eugene F. Land, Commissioner of Labor and Custodian of the Special Fund, Cross-Appellees, and Richard M. STARKS, Appellant, v. UNIVERSAL PLUMBING SUPPLY COMPANY, INC.; Workers' Compensation Board; and Eugene F. Land, Commissioner of Labor and Custodian of the Special Fund, Appellees.

Court of Appeals of Kentucky.

Supreme Court opinion and order vacating order granting discretionary review and remanding to Court of Appeals for final disposition February 16, 1982.

Attorney(s) appearing for the Case

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

F. Larkin Fore, William P. Mulloy, Louisville, for Richard M. Starks.

Stephen R. Schmidt, Charles S. Cassis, Mark R. Feather, Brown, Todd & Heyburn, Louisville, for Universal Plumbing Supply Co., Inc.

Before WHITE, WILHOIT and WINTERSHEIMER, JJ.

WILHOIT, Judge.

This matter is before the Court on two appeals from an order of the Jefferson Circuit Court affirming an award of the Workers' Compensation Board. The principal question raised is whether the Board erred in assessing all liability for its award of compensation against the Special Fund.

Richard M. Starks suffered a work-related back injury on March 1, 1977. On April 7, 1980, the Workers' Compensation Board determined that he was twenty percent...

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