Yocom v. Gibbs

REED, Chief Justice.

The 1972 General Assembly amended KRS 342.120. The amendment was effective January 1, 1973. In June, 1973, Mark Allen Gibbs injured his back in a work-connected accident. When he filed his claim for compensation, the Special Fund was made a party because there was evidence that at the time of his injury he had a dormant condition, spondylolisthesis, which might have been aroused into disabling reality by reason of the subsequent injury.

From conflicting medical evidence, the board found that Gibbs had sustained 20% permanent partial disability, one-half of which was…