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eBook details

• Title: Young v. J.S. Greer Meat Co.
• Author : Court Of Appeals Of Kentucky
• Release Date : January 28, 1969
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

OSBORNE, Judge. This is an appeal from a judgment of the Floyd Circuit Court in a Workmen's Compensation proceeding. Ray Calhoun, a butcher, injured his back on January 26, 1965, while lifting meat. He filed a claim for compensation under the provisions of the Kentucky Workmen's Compensation Act. It developed in the proceeding that Calhoun had previously, on April 13, 1961, suffered a back injury. Because of the previous injury his employer joined the Special Fund claiming that a part of his present disability was due to the preexisting condition brought about by the prior back injury. Pursuant to the provisions of KRS 342.121 the Board designated Dr. K. Armand Fischer to examine claimant and report upon disability. Dr. Fischer found Calhoun to be 40% functionally impaired; 15% due to residual disability from a previous injury, 15% due to arousal of the previous injury into further disability and 10% due to the injury received on January 26, 1965. No objections were filed to the report and it, therefore, becomes conclusive as to the medical findings contained therein and the apportionments thereof. Columbia Coal Company v. Griffie, Ky., 425 S.W.2d 755 (1968). The Board in its award gave Calhoun total disability from an occupational standpoint and on the basis of the doctor's report awarded 25% against the employer and 37 1/2% against the Special Fund. The Board excluded from the award the proportion of the injury due to the residual disability from the injury suffered on April 13, 1961 (Calhoun had filed a Workmen's Compensation claim for this injury, but later abandoned the claim).

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