
    YOCOM, Commissioner of Labor and Custodian of the Special Fund, Appellant, v. BALLS AND PITTSBURGH AND MIDWAY COAL COMPANY and Workmen’s Compensation Board of Kentucky, Appellees.
    Court of Appeals of Kentucky.
    March 15, 1974.
    Robert D. Hawkins, Chief Counsel for Special Fund, Department of Labor, Arthur R. Samuel, Department of Labor, Frankfort, for appellant.
    Leland Monhollon, Thomas A. Mitchell, Madisonville, for appellees.
   Memorandum Opinion of the Court by

Justice STEPHENSON,

Affirming*  