Walsh v. John F. Humphrey Co.

PALMORE, Judge.

Frederick John Walsh appeals from a judgment sustaining an open-end award in his favor by the Workmen’s Compensation Board based on partial disability. He contends that as a matter of law the award *437should be for total disability. The case arose before the effective date of the rule set forth in Osborne v. Johnson, Ky., 432 S.W.2d 800 (1968), and involves the applicability, vel non, of Leep v. Kentucky State Police, Ky., 366 S.W.2d 729 (1962), and other similar decisions which have been modified by Osborne.

Walsh is a sheet metal mechanic of some 25 to 30 years’ experience and…