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BETH-ELKHORN CORP. v. LUCAS

670 S.W.2d 480 (1983)

BETH-ELKHORN CORPORATION, Appellant, v. James W. LUCAS; John Calhoun Wells, Commissioner of Labor and Custodian of the Special Fund; and Workers' Compensation Board of Kentucky, Appellees. John Calhoun WELLS, Commissioner of Labor (the Special Fund), Appellant, v. James W. LUCAS; Beth-Elkhorn Corporation; and Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied December 23, 1983.

Discretionary Review Denied by Supreme Court June 27, 1984.

Attorney(s) appearing for the Case

Bennett Clark, Stoll, Keenon & Park, Lexington, for Beth-Elkhorn.

R. Roland Case, Kelsey E. Friend Law Firm, Pikeville, for Lucas.

Denis S. Kline, Dept. of Labor, Louisville, for Special Fund.

Before HOWERTON, LESTER and REYNOLDS, JJ.

LESTER, Judge.

This is an appeal from findings of fact, conclusions of law and a judgment of the Pike Circuit which reversed that portion of the Workers' Compensation Board's award which granted to appellant, Beth-Elkhorn Corporation, a credit on the award for the period of time during which appellee, James Lucas, received his full salary from Beth-Elkhorn.

James Lucas was a foreman for appellant when he became disabled on January

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