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ROARING FORK COAL COMPANY v. WILDER

380 S.W.2d 271 (1964)

ROARING FORK COAL COMPANY and Coal Operator's Casualty Company, Appellants, v. Hershel C. WILDER, the Workmen's Compensation Board, and the Subsequent Claim Fund, Appellees.

Court of Appeals of Kentucky.

June 26, 1964.

Attorney(s) appearing for the Case

Glenn W. Denham, Middlesboro, for appellants.

J. C. Helton, Pineville, for appellee Hershel C. Wilder.

CLAY, Commissioner.

This is an appeal from a judgment confirming an award of the Workmen's Compensation Board which required the employer to pay benefits to the employee on the basis of total permanent disability. The employer contends that by reason of a pre-existing injury a substantial portion of the employee's claim should have been charged against the Subsequent Claim Fund.

In June, 1961 the employee suffered a back injury in a coal mine accident. Sixteen...

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