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NEWBERG v. WEAVER

No. 93-SC-17-WC.

866 S.W.2d 435 (1993)

Vicki G. NEWBERG, Acting Director of Special Fund, Appellant, v. Jerry W. WEAVER; Energy Producers Associates; Richard H. Campbell, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing December 22, 1993.

Attorney(s) appearing for the Case

Mark C. Webster, Labor Cabinet, Sp. Fund, Louisville, for appellant Newberg.

Sidney B. Douglass, Harlan, for appellee Weaver.

Thomas L. Ferreri, Joel W. Aubrey, Lexington, for appellee Energy Producers Associates.

OPINION OF THE COURT

This workers' compensation case concerns whether the Special Fund's payment period for an award of income benefits may be accelerated when the worker and his employer enter into a pre-award settlement agreement providing for periodic payments over the worker's lifetime rather than for a lump-sum payment.

Claimant and his employer, Energy Producers Associates, entered into a pre-award settlement agreement which provided for 17.41% of...

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