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JENKINS-ESSEX CO., INC. v. DAILEY

705 S.W.2d 949 (1986)

JENKINS-ESSEX COMPANY, INC., Appellant, v. Selbert B. DAILEY; John Calhoun Wells, Commissioner of Labor and Custodian of Special Fund; Kentucky Workers' Compensation Board, Appellees. Selbert B. DAILEY, Cross-Appellant, v. JENKINS-ESSEX COMPANY, INC., John Calhoun Wells, Secretary Labor Cabinet (Special Fund), Workers' Compensation Board, Cross-Appellees. John Calhoun WELLS, Secretary Labor Cabinet (Special Fund), Appellant, v. Selbert B. DAILEY, Jenkins-Essex Co., Inc., and The Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

February 21, 1986.

Attorney(s) appearing for the Case

Herman L. Humphrey, Beale & Humphrey, P.S.C., Louisville, for appellant/cross appellee, Jenkins-Essex Company, Inc.

Janice R. Jefferson, Elizabethtown, for cross appellant/appellee, Selbert B. Dailey.

Douglas A. U'Sellis, Labor Cabinet, Louisville, for appellant/cross appellee, John Calhoun Wells, Secretary Labor Cabinet (Special Fund).

Before COMBS, MILLER and WILHOIT, JJ.

COMBS, Judge.

This is an appeal and cross-appeal from a decision of the Hardin Circuit Court, affirming in part and reversing in part a ruling by the Workers' Compensation Board.

A careful review of the facts of this case is in order. On June 9, 1978, the claimant Selbert Dailey suffered a fracture of the L-2 vertebrae and a broken pelvis after falling from a roof. The employer settled his workers' compensation...

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