May v. James H. Drew Shows, Inc.

HOWARD, Judge.

This is an appeal from a judgment of the Fayette Circuit Court reversing the finding by the Workmen’s Compensation Board that the claimant was not a seasonal worker and affirming the Board’s decision to award the claimant minimum benefits for permanent partial disability as set forth in Apache Coal Co. v. Fuller, Ky., 541 S.W.2d 933 (1976). Whether the claimant was a seasonal worker and whether Apache should apply are the only two issues raised on both the appeal and cross-appeal.

The claimant, Richard May (hereinafter referred to as May), started working for James H. Drew Shows,…