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COM., DEPT. OF FINANCE v. DRURY

No. 92-SC-338-WC.

846 S.W.2d 702 (1992)

COMMONWEALTH of Kentucky, DEPARTMENT of FINANCE, DIVISION of PRINTING, Appellant, v. Janice Arnold DRURY; Donna H. Terry, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Rehearing Denied March 18, 1993.

Attorney(s) appearing for the Case

Thomas L. Ferreri, Ferreri & Fogle, Lexington, for appellant.

Marcel Smith, Kincaid, Wilson, Schaeffer, Hembree Van Inwegen & Kinser, PSC, Lexington, for appellee Drury.

OPINION OF THE COURT

The issue in this workers' compensation case involves the failure of appellant, Commonwealth of Kentucky, Department of Finance, to name the Special Fund in its appeal to the Workers' Compensation Board (Board). The Board ruled that the failure to name an indispensable party was fatal and therefore dismissed the appeal. The dismissal was affirmed by the Court of Appeals.

The claimant, appellee herein, injured her right hand in a binding...

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