WELLS v. BUNCH


692 S.W.2d 806 (1985)

John Calhoun WELLS, Secretary, Labor Cabinet (Special Fund) etc., Movant, v. David Eugene BUNCH, Sr., Southern States Cooperative, River Terminal Company and Workers' Compensation Board of Kentucky, Respondents.

Supreme Court of Kentucky.

July 3, 1985.


Attorney(s) appearing for the Case

Cyril E. Shadowen, Louisville, for movant.

R. Allen Wilson, Owensboro, for David Eugene Bunch.

Pierce W. Hamblin, Lexington, for Southern States Cooperative and River Terminal Co.

Jackie H. Blankenship, Frankfort, for respondents.


GANT, Justice.

Discretionary review was granted herein in order to examine the apparent confusion which lies in the test to be applied under KRS 342.120(4) as was in effect at the time of the injury herein, concerning workers' compensation to an employee for prior occupational disability when a subsequent injury occurs.

The facts herein are virtually undisputed. In 1964, when 16 years of age, David Eugene Bunch was involved in an automobile accident in which...

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