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MAGOFFIN COUNTY BOARD OF EDUCATION v. OWENS

No. 2010-SC-000582-WC.

MAGOFFIN COUNTY BOARD OF EDUCATION, APPELLANT, v. DELORES OWENS; HONORABLE JOHN B. COLEMAN, ADMINISTRATIVE LAW JUDGE; AND WORKERS' COMPENSATION BOARD, APPELLEES.

Supreme Court of Kentucky.

June 16, 2011.

Attorney(s) appearing for the Case

Gregory Lonzo Little , Ferreri 8b Fogle, 300 East Main Street, Suite 400, Lexington, KY 40507, COUNSEL FOR APPELLANT, MAGOFFIN COUNTY BOARD OF EDUCATION.

Randy G. Clark , Clark & Johnson, P.O. Box 1529, Pikeville, KY 41502, COUNSEL FOR APPELLEE, DELORES OWENS.

NOT TO BE PUBLISHED

MEMORANDUM OPINION OF THE COURT

An Administrative Law Judge (ALJ) found that the claimant's need for total shoulder replacement surgery resulted from her work-related shoulder injury superimposed upon a pre-existing degenerative condition. The Workers' Compensation Board and the Court of Appeals affirmed. Appealing, the employer continues to assert that no substantial evidence supported the finding of a causal relationship between the...

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