Legal Opinion

Department of Economic Security v. Sizemore

Court of Appeals of Kentucky

Decided October 15, 1971Published

1Opinion of the Court

GARDNER, Commissioner.

Elmer Sizemore received an injury to his back while employed by the Department of Economic Security, Commonwealth of Kentucky, on the Unemployed Fathers’ Program. This was in 1966. Following his application for workmen's compensation it was disclosed that his back was previously injured in 1961, so the Special Fund was made a party. The Compensation Board determined that Sizemore is totally and permanently disabled, ascribing 50% of the disability to the injury of 1966 (for which the employer was liable, KRS 342.120(3)), 16¾% to the arousal of a preexisting condition…

2Cases cited3 opinions

  1. Kiser v. Bartley Mining CompanyCourt of Appeals of Kentucky (pre-1976) · 1965
  2. Department of Economic Security v. AdamsCourt of Appeals of Kentucky (pre-1976) · 1970
  3. McCown v. Hellier Elkhorn Coal Co.Court of Appeals of Kentucky · 1966

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