NEWBERG v. EVERIDGE

No. 91-CA-001394-MR.

840 S.W.2d 833 (1992)

Vicki G. NEWBERG, Acting Director of Special Fund, Appellant, v. Willie T. EVERIDGE, Appellee.

Court of Appeals of Kentucky.

Modified November 6, 1992.

Case Ordered Published by Court of Appeals November 6, 1992.


Attorney(s) appearing for the Case

Cathy Utley Costelle, David Randall Allen, Louisville, for appellant.

Daniel F. Dotson, Whitesburg, for appellee.

Before EMBERTON, HOWERTON and STUMBO, JJ.


EMBERTON, Judge.

This is an appeal from an order of the circuit court accelerating the liability of the Special Fund pursuant to a settlement agreement between the employer and the appellee. On appeal, the principal issue is whether the circuit court erred as a matter of law in entering such an order given the language of KRS 342.305. We hold that the circuit court did err as a matter of law and reverse and remand.

On May 22, 1989, an award was entered for...

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