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O.K. PRECISION TOOL & DIE CO. v. WELLS

678 S.W.2d 397 (1984)

O.K. PRECISION TOOL & DIE CO. and Home Insurance Co., Movants, v. John Calhoun WELLS, Commissioner of Labor (Special Fund); Dora Goble; and Workers' Compensation Board of Kentucky, Respondents.

Supreme Court of Kentucky.

October 25, 1984.

Attorney(s) appearing for the Case

Thomas M. Cooper, Landrum & Patterson, Lexington, for movants.

John E. Stephenson, Dept. of Labor, Louisville, for respondent John Wells.

Paul F. Guthrie, Lexington, for respondent Dora Goble.

Jackie H. Blankenship, Director, Dept. of Labor, Frankfort, for respondent Workers' Comp. Bd.

LEIBSON, Justice.

This is a workers' compensation case. The question is what principle controls apportionment of liability to the Special Fund where the Board finds that the employee has a "condition" which "is a result of her many years of work and should be classified as a gradual type of injury."

The employee, Dora Goble, developed a condition diagnosed as lateral epicondylitis, an inflammation of the tensor muscles near the elbow, more commonly known as...

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