UNINSURED EMPLOYERS' FUND v. POYNER

Nos. 91-CA-1001-WC, 91-CA-1023-WC.

829 S.W.2d 430 (1992)

UNINSURED EMPLOYERS' FUND, Appellant, v. John Cleveland POYNER, Jr. (deceased); James L. Poyner, Administrator of the Estate of Marjorie P. Poyner; Ray Stahl, d/b/a Stahl Logging; W. Bruce Cowden, Jr., Administrative Law Judge; and Workers' Compensation Board, Appellees. Ray STAHL, d/b/a Stahl Logging Co., Appellant, v. John Cleveland POYNER, Jr. (deceased); James L. Poyner, Administrator of the Estate of Marjorie P. Poyner; Uninsured Employers' Fund; W. Bruce Cowden, Jr., Administrative Law Judge; and Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

As Modified May 1, 1992.


Attorney(s) appearing for the Case

Chris Gorman, Atty. Gen., Michael A. Richardson, Asst. Atty. Gen., Frankfort, for Uninsured Employers' Fund.

Edward G. Drennen, Florence, for Ray Stahl d/b/a Stahl Logging Co.

Thomas B. Givhan, John E. Spainhour, Givhan & Spainhour, P.S.C., Shepherdsville, for appellees Poyner.

Before GARDNER, SCHRODER and WILHOIT, JJ.


WILHOIT, Judge.

These are petitions for review of an opinion of the Workers' Compensation Board which held the appeal of Ray Stahl, d/b/a Stahl Logging Company, should be dismissed, but also addressed the merits of the appeal. We shall first consider the procedural issue.

The administrative law judge (ALJ) rendered his opinion and award August 29, 1989, finding the decedent, John Poyner, was an employee of Mr. Stahl at the time of Mr. Poyner's work-related...

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