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WHITEHEAD v. DAVIS

692 S.W.2d 801 (1985)

Olan WHITEHEAD, Movant, v. Drexell R. DAVIS, Treasurer of the Commonwealth of Kentucky and Custodian of the Uninsured Employers' Fund; Arnold Knuckles; Coal Fuels, Inc.; Underwriters Safety and Claims; et al., Respondents. Arnold KNUCKLES, Movant, v. COAL FUELS, INC., Respondents.

Supreme Court of Kentucky.

July 3, 1985.

Attorney(s) appearing for the Case

W. Henry Lawson, Forester, Forester, Buttermore & Turner, Garrett Fowles, Cawood & Fowles, Pineville, for movant Olan Whitehead.

Sherry B. Holstein, Goss, Douglass & Chappel, Eugene Goss, Harlan, for movant Arnold Knuckles.

David L. Armstrong, Atty. Gen., Frankfort, Dana C. Stinson, Asst. Atty. Gen., for respondents.

David E. Roseberry, Louisville, for Coal Fuels, Inc.

Armer H. Mahan, Louisville, for Underwriters Safety & Claims.

OPINION OF THE COURT

Discretionary review was granted herein to examine the function, duty and liability of the Uninsured Employers' Fund in those instances in which an employer has qualified as a self-insurer under the provisions of KRS 342.340, but which employer has become insolvent, with insufficient bond, at the date of an award by the Workers' Compensation Board. We affirm the Court of Appeals, adopting the opinion of Judge Howerton as the opinion of this...

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