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STOVALL v. DAL-CAMP, INC.

669 S.W.2d 531 (1984)

Thelma L. STOVALL, Commissioner of Labor, Successor to John Calhoun Wells, Commissioner of Labor and Custodian of Special Fund, Movant, v. DAL-CAMP, INC.; the Travelers Insurance Co.; Julia A. Marshall, Legal and Natural Guardian for Joseph Leo Landing, III; Rainee Dawn and John Austin; and Workers' Compensation Board of Kentucky, Respondents. MODERN ELECTRIC AND FURNITURE COMPANY, Movant, v. Thelma L. STOVALL, Successor to John Calhoun Wells, Commissioner of Labor and Custodian of the Special Fund; Allie Collins; and Workers' Compensation Board, Respondents. GIBSON LUMBER CO., Appellant, v. Wilbur Jones GIBSON, Special Fund and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Rehearing Denied June 14, 1984.

Attorney(s) appearing for the Case

Cyril E. Shadowen, Douglas A. U'Sellis, Dept. of Labor, Louisville, for Thelma Stovall in No. 83-SC-298-DG.

Gayle G. Huff, Harlan, for Dal-Camp and Travelers Insurance.

William R. Forester, Harlan, for Julia A. Marshall.

J. Scott Getsinger, Frankfort, for Workers' Compensation Board.

William A. Rice, Rice, Huff & Hendrickson, Harlan, for Modern Electric and Furniture Co.

Michael A. Owsley, Keith M. Carwell, English, Lucas, Priest & Owsley, Bowling Green, for Gibson Lumber Co.

J. Marshall Hughes, White, Hughes & Meredith, Bowling Green, John E. Stephenson, Dept. of Labor, Louisville, for appellees.

Denis S. Kline, Dept. of Labor, Louisville, for Thelma Stovall in No. 83-SC-389-DG.

William R. Forester, Forester, Forester, Buttermore & Turner, P.S.C., Harlan, for Allie Collins.

Rehearing Denied in No. 83-SC-389-DG June 14, 1984.

VANCE, Justice.

This court has granted discretionary review in two of the captioned cases and has granted a transfer from the Court of Appeals to this court in the other to review the question of apportionment of a compensation award between the employer and the Special Fund in situations in which exertion or stress on the job has aroused a dormant, nondisabling disease or condition into disabling reality...

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