Opinion
June 3, 1955.
Appeal from the Circuit Court, Breathitt County, Ervine Turner, J.
Paul E. Tierney, Christopher C. Frishe, Samuel H. Cole, Frankfort, for appellant.
O.J. Cockrell, Frankfort, for appellee.
This case, involving the eligibility of the children of Ance Riley to receive grants of public assistance as "needy" children, is identical with that of Barnes v. Turner, Ky., 280 S.W.2d 185, except as to the nature of the physical disabilities of the father of the children. Here, the father, 55 years of age, is suffering from prostatitis, hemorrhoids, and sciatic neuritis. As in the Turner case, he is limited as to the kinds of employment he can engage in, but he is capable of some kinds of employment.
For the reasons set forth in the opinion in the Turner case, we think the Department of Economic Security correctly ruled that Riley is not so incapacitated as to make his children eligible for aid under KRS 205.010(5).
The motion for an appeal is sustained and the judgment is reversed, with directions to enter judgment sustaining the decision of the Department of Economic Security and the appeal board.