Kentucky State Racing Commission v. Newton , 1968 Ky. LEXIS 301 ( 1968 )

DISSENTING OPINION

PALMORE, Judge.

I dissent from the majority opinion on the ground that I think the evidence raised a rebuttable presumption that Newton was in the course of his employment at the time of the accident, and that in the absence of countervailing evidence his widow was entitled to an award. In this respect it is interesting to note that the Board itself characterized the evidence as raising no more than “a presumption.” A “presumption,” of course, calls for a favorable finding unless it is rebutted. Cf. Lee v. Tucker, Ky., 365 S.W.2d 849, 851 (1963).

WILLIAMS, C. J., and MILLIKEN, J., concur in this dissenting opinion.