Davis v. Comer

PALMORE, Justice.

This is a workmen’s compensation case in which the employer’s compensation insurance had expired before the date of the disability out of which the workman’s claim arose. The question is whether the claimant’s failure to make the Uninsured Employers’ Fund (KRS 342.760) a party to the proceeding before the Workmen’s Compensation Board is a defense to his claim asserted against it after the Board had entered a final award. We affirm the judgment of the circuit court to the effect that it is not.

It was stipulated in the circuit court action that on January 8, 1973, the claimant…