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WHITTAKER v. PERRY

No. 98-SC-621-WC.

988 S.W.2d 497 (1999)

Robert L. WHITTAKER, Director of Special Fund, Appellant, v. Ricky PERRY; Young's Sawmill; Donald G. Smith, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

February 18, 1999.

Attorney(s) appearing for the Case

Benjamin C. Johnson, Louisville, KY, for appellant.

John S. Sowards, Jr., Wilson, Stanley, Bowling and Costanzo, Lexington, KY, for appellee Perry.

Jefferson V. Layson, III, Gregory Scott Gowen, Harned, Bachert, & Denton, Bowling Green, KY, for appellee Young's Sawmill.

OPINION OF THE COURT

This appeal by the Special Fund concerns whether there was sufficient evidence to support the apportionment of liability pursuant to KRS 342.1202. The specific questions raised are whether there was sufficient evidence that degenerative disc disease constitutes a departure from the normal state of health and whether degenerative disc disease constitutes a dormant condition for the purposes of apportionment. See Yocom v. Jackson, Ky.,...

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