Roaring Fork Coal Co. v. Wilder

CLAY, Commissioner.

This is an appeal from a judgment confirming an award of the Workmen’s Compensation Board which required the employer to pay benefits to the employee on the basis of total permanent disability. The employer contends that by reason of a preexisting injury a substantial portion of the employee’s claim should have been charged against the Subsequent Claim Fund.

In June, 1961 the employee suffered a back injury in a coal mine accident. Sixteen years before he had a similar accident resulting in a compression fracture of a lumbar vertebra.

Pursuant to KRS 342.121 the Board…