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OSBORNE v. PEPSI-COLA

No. 90-SC-806-WC.

816 S.W.2d 643 (1991)

Emanual OSBORNE, Appellant, v. PEPSI-COLA; Larry Beale, Director of Special Fund; Donna H. Terry, Administrative Law Judge; and The Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

September 26, 1991.

Attorney(s) appearing for the Case

Melbourne Mills, Jr. Law Office, Versailles, for appellant.

Thomas G. Mooney, Mackenzie & Peden, P.S.C., Louisville, for appellee Pepsi-Cola.

Denis S. Kline, Labor Cabinet, Louisville, Cathy Utley Costelle, Louisville, for special fund.

CHARLES E. MOORE, Special Justice.

Emanuel Osborne filed an application for workers' compensation benefits alleging he sustained an injury arising from his employment with Pepsi-Cola. At the prehearing conference the parties stipulated plaintiff sustained a work-related injury.

Nonetheless, the evidence adduced by Mr. Osborne addressed in part whether his injury resulted from his employment. Also, his brief to the administrative law judge stated, "The defendant...

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