WELLS v. COTTON


650 S.W.2d 266 (1983)

John Calhoun WELLS, Commissioner of Labor and Custodian of the Special Fund, Appellant, v. Domie COTTON; Southern States Cooperative, Inc.; and Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

May 20, 1983.


Attorney(s) appearing for the Case

Denis Kline, Asst. Counsel, Dept. of Labor, Louisville, for appellant.

Stephen M. O'Brien, III, Landrum, Patterson & Dickey, Lexington, Neville Smith, Manchester, for appellees.

Before HOWARD, HOWERTON and PAXTON, JJ.


PAXTON, Judge.

The Special Fund appeals from a judgment of the Clay Circuit Court reversing a Workers' Compensation Board's Order dismissing the Special Fund from the employer's reopening claim.

On August 8, 1977, the Board entered an Opinion and Award wherein it found Domie Cotton to be 100% occupationally disabled. The Fund was not a party to the proceedings, so the entire liability was assessed against the employer, Southern States Cooperative, Inc. Southern...

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