Yocom v. Harvey

CLAYTON, Justice.

This case arises out of a work-related back injury suffered by Byron Harvey on August 14, 1973, while in the employ of the Peabody Coal Company. The Workmen’s Compensation Board, from conflicting medical evidence, found that Harvey had sustained 25% permanent partial disability. The Board, having determined that one-half of the disability was attributable to arousal of a dormant nondisabling degenerative disc condition, apportioned the liability equally between the Special Fund and the employer. KRS 342.120. The opinion and award of the Board was affirmed by the Union Circuit…