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ISLAND CREEK COAL CO. v. BUCKMAN

714 S.W.2d 503 (1986)

ISLAND CREEK COAL COMPANY, Appellant, v. James T. BUCKMAN; John Calhoun Wells, Secretary, Labor Cabinet (Special Fund); and Workers' Compensation Board of Kentucky, Appellees.

Court of Appeals of Kentucky.

Case Ordered Published by Court of Appeals July 4, 1986.

Rehearing Denied July 4, 1986.

Discretionary Review Denied by Supreme Court September 16, 1986.

Attorney(s) appearing for the Case

William P. Swain, Larry Johnson, Boehl, Stopher, Graves & Deindoerfer, Louisville, for appellant.

David R. Allen, Labor Cabinet, Louisville, for appellee, Special Fund.

Henry Neel, Henderson, for appellee, Buckman.

Before GUDGEL, LESTER and REYNOLDS, JJ.

LESTER, Judge.

This is an appeal from a judgment affirming the Workers' Compensation Board in an award which apportioned liability equally between the employer and the Special Fund. The appellant maintains that the entire award should have been apportioned against the Special Fund as all the medical evidence indicated there would be no disability but for a pre-existing condition.

The matter arose out of two alleged work-related injuries in the Fall of 1981...

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