Heartland Health Care Center v. Maupin

OPINION OF THE COURT

The issue in these cases is when a work-related back or heart condition is automatically apportioned equally between the employer and the Special Fund pursuant to KRS 342.1202, shall another compensable condition related to the underlying heart or back condition also be automatically apportioned equally.

KRS 342.1202 was enacted in 1987 and provides as follows:

342.1202 Apportionment of award for income benefits or permanent disability based on pre-existing disease or pre-exist-ing condition of the back or the heart

An award for income benefits for permanent total or…