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ISLAND CREEK COAL CO. v. DAVIS

No. 87-CA-0683-MR.

761 S.W.2d 179 (1988)

ISLAND CREEK COAL COMPANY, Appellant, v. James W. DAVIS; Carol M. Palmore, Acting Secretary, Labor Cabinet (Special Fund); and Workers' Compensation Board of Kentucky, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied August 12, 1988.

Case Ordered Published by Court of Appeals August 12, 1988.

Discretionary Review Denied by Supreme Court December 7, 1988.

Attorney(s) appearing for the Case

William P. Swain, Peter J. Glauber, Boehl Stopher Graves & Deindoerfer, Louisville, for appellant.

J. Quentin Wesley, Morganfield, for appellee/Davis.

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

Before COOPER, LESTER and MILLER, JJ.

MILLER, Judge.

This appeal arises from an order of the Union Circuit Court upholding an award of the Workers' Compensation Board of Kentucky (Board). KRS Chapter 342. The appeal by the employer, Island Creek Coal Company (Island Creek), questions the apportionment upon the appellee, Carol M. Palmore, Secretary of the Labor Cabinet (Special Fund).

The facts are these: Island Creek's employee, James W. Davis, suffered an occupational injury on March 2...

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