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NEWBERG v. THOMAS INDUSTRIES

No. 91-CA-002261-WC.

852 S.W.2d 339 (1993)

Vicki NEWBERG, Acting Director of Special Fund, Appellant, v. THOMAS INDUSTRIES; Billy Bryant; Hon. George Schuhmann, Administrative Law Judge; and Workers' Compensation Board of Kentucky, Appellees.

Court of Appeals of Kentucky.

May 7, 1993.

Attorney(s) appearing for the Case

Peter J. Naake, Louisville, for appellant, Special Fund.

Marc Wells, Joseph C. Baker, Princeton, for appellee, Billy Bryant.

William P. Swain, Douglas A. U'Sellis, Boehl Stopher Graves & Deindoerfer, Louisville, for appellee, Thomas Industries.

Before LESTER, C.J., and JOHNSON and SCHRODER, JJ.

JOHNSON, Judge.

This is an appeal by the Special Fund from a decision of the Workers' Compensation Board (Board) involving the construction of Kentucky Revised Statutes (KRS) 342.1202 which was enacted by a special session of the Legislature in 1987. The controversy is between the employer/appellee Thomas Industries and the Special Fund. The issue is whether cervical vertabrae (those in the neck) are part of a worker's...

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