578 S.W.2d 52 | Ky. | 1979
This case arises out of a work-related back injury suffered by Byron Harvey on August 14, 1973, while in the employ of the Peabody Coal Company. The Workmen’s Compensation Board, from conflicting medical evidence, found that Harvey had sustained 25% permanent partial disability. The Board, having determined that one-half of the disability was attributable to arousal of a dormant nondisabling degenerative disc condition, apportioned the liability equally between the Special Fund and the employer. KRS 342.120. The opinion and award of the Board was affirmed by the Union Circuit Court. The Court of Appeals reversed, imposing the liability for permanent disability entirely upon the Special Fund. We granted discretionary review, and we reverse.
The Court of Appeals reasoned that the evidence failed to establish that the traumatic injury resulted in permanent disability or that Harvey’s work at Peabody hastened development of his degenerative
The decision of the Court of Appeals is reversed. The judgment of the Union Circuit Court and the award of the Workmen’s Compensation Board are affirmed.