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TRI-GEM COAL CO. v. WHITAKER

661 S.W.2d 785 (1983)

TRI-GEM COAL COMPANY, Appellant, v. Samuel M. WHITAKER; Workmen's Compensation Board, Commonwealth of Kentucky; Frances Jones Mills, State Treasurer and Custodian of the Uninsured Employers' Fund, Appellees.

Court of Appeals of Kentucky.

Case Ordered Published By Court of Appeals December 23, 1983.

Attorney(s) appearing for the Case

William L. Rose, Williamsburg and Robert P. Hammons, Corbin, for appellant.

John E. Anderson, Cole, Cole & Anderson, Barbourville and Dana C. Stinson, Frankfort, for appellees.

Before HOWARD, HOWERTON and DUNN, JJ.

DUNN, Judge.

This appeal is from the Whitley Circuit Court Judgment affirming the Opinion and Award of the Workers' Compensation Board finding that the claimant, Samuel Whitaker, appellee, did not voluntarily reject coverage of the Workers' Compensation Act, and that the employer and employee were operating under the provisions of the Act. The Board awarded Whitaker recovery from the appellant, Tri-Gem Coal Company, and the Special Fund based on a finding of 50% occupational...

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