YOUNG v. POLLY


458 S.W.2d 780 (1970)

John W. YOUNG, Commissioner of Labor of the Commonwealth of Kentucky and Custodian of the Special Fund, Appellants, v. Vernis POLLY, etc., et al., Appellees.

Court of Appeals of Kentucky.

October 9, 1970.


Attorney(s) appearing for the Case

Martin Glazer, Thomas R. Emerson, Dept. of Labor, Frankfort, for appellants.

William Melton, Hazard, for Vernis Polly.

Richard D. Cooper, Reeves, Barret, Cooper & Ward, Hazard, for Dept. of Economic Security.


REED, Judge.

Vernis Polly, employed in an unemployed father's program operated by the state Department of Economic Security, sustained a back injury while lifting a rock. He filed a claim against his employer, the Department of Economic Security, for disability benefits under the Workmen's Compensation Act. The employer asserted that he had a pre-existing nondisabling disease condition which was triggered into disabling reality by the back injury and that the Special...

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