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PURDY v. PALMORE

No. 89-SC-594-DG.

789 S.W.2d 12 (1990)

Robert L. PURDY, Appellant, v. Carol M. PALMORE (Secretary, Labor Cabinet, Special Fund); Peabody Coal Company (Island Creek Coal Company); and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

April 26, 1990.

Attorney(s) appearing for the Case

C. Terry Earle, Earle & Baird, Greenville, for appellant.

Cathy Utley Costelle, Louisville, for appellee Special Fund.

William P. Swain, William M. Newman, Jr., Louisville, for appellee, Peabody Coal Co. (Island Creek Coal Co.).

Glenn L. Schilling, Dept. of Workers' Claims, Frankfort, for appellee, Workers' Compensation Bd.

COMBS, Justice.

We granted discretionary review of this workers compensation case long before we rendered our opinion in the case of Vessels v. Brown-Forman Distillers Corporation and Workers' Compensation Board, 37 K.L.S. 3 (3/21/90).

Appellant is a sixty-three year old coal miner with a fifth grade education who has spent more than thirty years in the mining industry. On June 23, 1982, while attempting to move a large rock he experienced pain in his...

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