Young v. Stacy

NEIKIRK, Judge. Herman Stacy, 43 years old and a resident of Hazard, Kentucky, had been employed for five years by the Collins Construction Company as a construction worker doing heavy manual labor when he suffered a back injury on December 20, 1966. Stacy's original application for adjustment of claim was filed with the Workmen's Compensation Board on June 16, 1967. The date on which Stacy filed his original application preceded the effective date of Osborne v. Johnson, Ky., 432 S.W.2d 800 (1968); therefore, the Osborne case is not applicable because it had prospective application only. While this claim was being processed, Stacy continued in the employment of Collins Construction Company, doing light carpentry work, and on September 26, 1967, Stacy received another injury, this time to his knee. Stacy amended his original complaint to include the second injury.