Giles Industries, Inc. v. Neal

DAVIS, Commissioner.

This is a workmen’s compensation proceeding in which the total permanent disability of the claimant is conceded. The controversy relates to whether the entire liability for compensation falls upon the employer and its carrier, or whether a portion of it should be borne by the Special Fund pursuant to KRS 342.120. The Board ordered that the employer should pay the entire award, absolving the Special Fund. The circuit court affirmed; hence, this appeal is taken by the employer and its carrier.

The question presented, as related in the appellants’ brief, is as follows:

“Where…