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BURTON v. FOSTER WHEELER CORP.

No. 2001-SC-0348-WC.

72 S.W.3d 925 (2002)

Stephen E. BURTON, Appellant, v. FOSTER WHEELER CORPORATION; Donna Terry, Administrative Law Judge; Bonnie Kittinger, Former Presiding Arbitrator; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

April 25, 2002.

Attorney(s) appearing for the Case

Ray B. White, Bowling Green, for Appellant.

John G. Grohmann, C. Patrick Fulton, Fulton & Devlin, Louisville, for Foster Wheeler Corporation.

COOPER, Justice.

Appellant Stephen E. Burton sustained a work-related injury on June 26, 1998, while operating a D-3 bulldozer at a landfill owned by his employer, Foster Wheeler Corporation. The bulldozer moved on caterpillar treads, as opposed to wheels, and was equipped with a steel safety cage, or "roll cage," that was attached to four 4" X 4" steel posts attached at the top by steel roll bars. The machine had also been equipped with a seat belt; however, the...

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