Young v. Long

CLAY, Commissioner.

This is a workmen’s compensation case. The employee, age 21, sustained a low-back injury and admittedly is 100% disabled. However, part of his disability is due to a preexisting degenerating lumbar disc condition, referred to in the medical evidence as “spondylosis”.

The controversy here is narrowly limited to the question of whether the prior dormant, nondisabling condition properly may be characterized a “disease”. The Special Fund was made a party, and under KRS 342.120(1) (b) liability should be apportioned between it and the employer if the condition, which admittedly…