Yocom v. Fayard

PALMORE, Justice.

The Special Fund appeals from a judgment upholding an award of the Workmen’s Compensation Board finding the claimant totally and permanently disabled and apportioning causation as follows: (a) active pre-existing disability, 25%; work-connected injury sustained on September 24, 1971, 25%; and arousal of dormant, pre-existing disease condition into disabling reality, 50%. Cf. KRS 342.120(1) (a) and (b) and 342.120(3).

The Special Fund’s contention is that the evidence relating to the pre-existing condition excludes any reasonable basis for a finding that it was to some extent…