Young v. Bear Branch Coal Company

CLAY, Commissioner.

In this workmen’s compensation case the employee was found to be totally and permanently disabled, and that finding is not questioned. It appearing that the disability was largely attributable to psychoneurosis, the Special Fund was made a party. The Workmen’s Compensation Board concluded that the employee’s psychoneurotic disorder was not a “pre-existing dormant but nondisabling diseased condition” under KRS 342.120(1) (b) and, therefore, the Special Fund was not liable for compensation. On appeal the circuit court made a contrary finding and imposed on the Special Fund…