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LITERS QUARRY, INC. v. EDDAY

Nos. 88-CA-152-S, 88-CA-185-S.

770 S.W.2d 685 (1988)

LITERS QUARRY, INC., Appellant, v. Jack EDDAY; Larry D. Beale, Director of Special Fund; and Workers' Compensation Board, Appellees. Larry D. BEALE, Director of Special Fund, Appellant, v. Jack EDDAY; Liters Quarry, Inc., and Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied February 24, 1989.

Discretionary Review Denied by Supreme Court June 21, 1989.

Attorney(s) appearing for the Case

William P. Swain, Boehl Stopher Graves & Deindoerfer, Louisville, for appellant, Liters Quarry, Inc.

Cathy Utley Costelle, Labor Cabinet, Louisville, for appellant, Special Fund.

G. Edward James, Berry & Floyd, P.S.C., Carrollton, for appellee, Jack Edday.

Before HOWERTON, C.J., and COMBS and McDONALD, JJ.

COMBS, Judge.

These are two direct appeals from an order of the Shelby Circuit Court reversing the order of the Workers' Compensation Board (Board) denying appellee's claim for permanent occupational disability benefits.

On October 18, 1984, Jack Edday, then aged 79, was injured when his truck overturned in the course and scope of his employment with Liters Quarry, Inc. He has an eighth-grade education, work experience in farming and truck driving, and no...

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