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BEALE v. WRIGHT

No. 90-SC-533-WC.

801 S.W.2d 319 (1990)

Larry D. BEALE, Director, Division of Special Fund, Appellant, v. Johnny L. WRIGHT; Coal Branch Coal Company, Inc.; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Case Ordered Published by Supreme Court December 18, 1990.

Attorney(s) appearing for the Case

David Randall Allen, Louisville, for appellant.

R. Roland Case, Pikeville, for appellee Wright.

Benita J. Riley, Turner & Riley, P.S.C., Prestonsburg, for appellee Coal Branch Coal Co., Inc.

MEMORANDUM OPINION OF THE COURT

In this workers' compensation case, the Workers' Compensation Board affirmed the order of the Administrative Law Judge (ALJ) denying the Special Fund a discount for the lump-sum payment of attorney fees pursuant to KRS 342.320(2)(c). On appeal to the Court of Appeals of Kentucky, the decision of the Board was affirmed. The Special Fund seeks review in this Court as a matter of right.

The claimant, the defendant-employer, and...

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