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ABEL VERDON CONST. v. RIVERA

No. 2010-SC-000744-WC.

348 S.W.3d 749 (2011)

ABEL VERDON CONSTRUCTION and Acuity Insurance, Appellants, v. Miguel A. RIVERA; Honorable Otto Daniel Wolff, Administrative Law Judge; Workers' Compensation Board; and Cabinet for Health and Family Services, Appellees.

Supreme Court of Kentucky.

As Corrected August 30, 2011.

Attorney(s) appearing for the Case

Michael Schulte , Michael J. Schulte, PLLC, Ft. Mitchell, KY, for Appellants, Abel Verdon Construction and Acuity Insurance.

Robert L. Catlett, Jr. , Louisville, KY, for Appellee, Miguel A. Rivera.

Timothy J. Salansky , Cabinet for Health and Family Services, Frankfort, KY, for Appellee, Cabinet for Health and Family Services.

OPINION OF THE COURT

The Workers' Compensation Board affirmed findings that supported the claimant's partial disability award against his employer, Abel Verdon Construction, but remanded the claim with directions for the Administrative Law Judge (ALJ) to admit the testimony from the claimant's safety expert and to determine whether Verdon's intentional violation of a workplace safety regulation in any degree caused the claimant's accident.1

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