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SMITH v. GOODYEAR TIRE AND RUBBER CO.

No. 89-CA-587-WC.

772 S.W.2d 640 (1989)

Mark R. SMITH, Appellant, v. GOODYEAR TIRE AND RUBBER COMPANY and Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

June 30, 1989.

Attorney(s) appearing for the Case

William M. Radigan, Walker, Radigan & Zeller, Louisville, for appellant.

Richard Paul Schiller, Jr., Schiller & Osbourn, Louisville, for appellees.

Before HOWERTON, C.J., and HAYES and REYNOLDS, JJ.

HAYES, Judge.

This action is a petition under CR 76.25 for review of an appellate decision of the Workers' Compensation Board. The action is currently before this panel on motion of the appellee, Goodyear Tire and Rubber Company, to dismiss the action for failure to properly file the petition. Specifically, the appellee alleges that the filing was deficient because the filing fee required by CR 76.25(2) and CR 76.42(2)(a)(xi) was not tendered to the clerk until after...

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