Cavin v. Lake Construction Company

PALMORE, Judge.

Wilbert L. Cavin appeals from a judgment of the Fayette Circuit Court affirming an order of the Workmen’s Compensation Board rejecting his claim for disability benefits. KRS 342.285, 342.290. He contends (1) that the evidence requires a finding that he is totally and permanently disabled as the result of a work-connected injury which “lighted up” a pre-existing but theretofore non-disabling disease condition of the spine and (2) that it was error for the board to allow medical expenses under KRS 342.020 without also finding that he had sustained a compensable disability.

On July…