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SMITH CONCRETE, INC. v. MOUNTAIN ENTERPRISES, INC.

No. 91-SC-694-WC.

833 S.W.2d 808 (1992)

SMITH CONCRETE, INC., Appellant, v. MOUNTAIN ENTERPRISES, INC., William Spears, Walter Turner, Administrative Law Judge, Special Fund, Larry D. Beale, Director of Special Fund, and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Rehearing Denied August 27, 1992.

Attorney(s) appearing for the Case

Ernest H. Jones, II, John G. Rice, Geralds, Moloney & Jones, Lexington, for appellant.

John V. Porter, Wells, Porter, Schmitt & Walker, Paintsville, for appellee, Mountain Enterprises, Inc.

Stephen N. Calvert, Stidham, Simmons & Calvert, Jackson, for appellee Spears.

Mark C. Webster, Labor Cabinet, Special Fund, Louisville, for appellee Beale and Special Fund.

OPINION OF THE COURT

In this workers' compensation case, the central issue involves the identity of the employer with whom liability rests for the occupational injury suffered by claimant. The Workers' Compensation Board (Board) reversed the finding of the Administrative Law Judge (ALJ) on this issue and recognized that several procedural errors amounted to a denial of due process. The Court of Appeals reversed the Board and reinstated the opinion of the ALJ, stating...

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