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EATON AXLE CORP. v. NALLY

688 S.W.2d 334 (1985)

EATON AXLE CORPORATION, Movant, v. Bernard E. NALLY, Special Fund and Workers' Compensation Board, Respondents. Bernard E. NALLY, Movant, v. EATON AXLE CORPORATION; John Calhoun Wells, Secretary of Labor and Custodian of the Special Fund; and Workers' Compensation Board, Respondents.

Supreme Court of Kentucky.

April 11, 1985.

Attorney(s) appearing for the Case

J. Landon Overfield, West, Ternes, Gibbs & Overfield, Henderson, for Eaton Axle Corp.

Thomas E. Simpson, Wesley & Simpson, Morganfield, for Bernard E. Nally.

John E. Stephenson, Labor Cabinet, Louisville, Jackie H. Blankenship, Director, Workers' Compensation Board, Frankfort, for Special Fund.

GANT, Justice.

Claimant Nally was allegedly injured in 1978 while in the employ of Eaton Axle Corporation in Henderson County. He had an eighth grade education and was 47 years old at the time of the injury, with a functional IQ of 80 according to one witness and 90 according to another. His duties at the time of the injury required lifting axles which weighed between 60 and 90 pounds, and it is basically uncontested that following the injury he was unable to return...

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