Sky Top Coal Co. v. Roark

PALMORE, Chief Justice.

Appellee, Oscar Roark, sustained a com-pensable injury to his back in 1958. A settlement based on 30% permanent partial disability was approved by the Workmen’s Compensation Board in 1959. In October of 1964 he moved to re-open pursuant to KRS 342.125 upon a showing of changed condition. The motion was sustained for the purpose of admitting proof, following reception of which the Board found that Roark is now permanently and totally disabled but had failed to establish that the change of condition is the direct and proximate result of the injury. The motion was…