Yocom v. United States Steel Corp.

OPINION AND ORDER

PARK, Judge.

The Special Fund seeks to appeal as a matter of right from a judgment of the Harlan Circuit Court in an appeal to the circuit court from an award of the Workmen’s Compensation Board. In its coun-terstatement filed pursuant to RAP 1.095(b), the appellee-employer questions whether the Special Fund must proceed by a motion for discretionary review rather than by appeal as a matter of right. We elect to treat that portion of the counters-tatement as the equivalent as a motion to dismiss. RAP 1.172.

In questioning whether the Special Fund must proceed by a motion for…