Joseph E. Seagram & Son, Inc. v. Lyons

REED, Judge.

In this workmen’s compensation case, the board entered an open-end award in favor of Viola Lyons to be paid entirely by her employer, Joseph E. Seagram & Son, Inc., without any reimbursement by the Special Fund. The employer appealed to the circuit court on the ground that under the evidence the apportionment statute applied. (KRS 342.120). The circuit court affirmed the board’s decision. The employer thereupon appealed to this court.

The- employee moved to dismiss the appeal as to her. She asserts that the only issue is whether the employer is entitled to reimbursement for a…