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ACCURIDE CORP. v. DONAHOO

No. 93-SC-212-WC.

865 S.W.2d 652 (1993)

ACCURIDE CORPORATION, Appellant, v. James David DONAHOO; Vicki G. Newberg, Acting Director of Special Fund; W. Bruce Cowden, Jr., Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Rehearing Denied December 22, 1993.

Attorney(s) appearing for the Case

Walter E. Harding and William P. Swain, Boehl, Stopher & Graves, Louisville, for appellant.

James Landon Overfield, Henderson, for appellee Donahoo.

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

OPINION OF THE COURT

The claimant suffered a back injury on December 29, 1986, which formed the basis for this action. Claimant had suffered two previous back injuries in 1955 and 1985. Dr. Dominquez, claimant's treating physician, testified that claimant had a functional impairment rating of 20% following the 1986 injury. He stated that 5% of the impairment was due to the previous injury and surgery in 1985. When asked to apportion the remaining 15% impairment...

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