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MARTIN v. LOUISVILLE FREE PUBLIC LIBRARY

No. 92-CA-2033-WC.

854 S.W.2d 790 (1993)

Richard T. MARTIN and Daniel T. Albers, Appellants, v. LOUISVILLE FREE PUBLIC LIBRARY; Vicki G. Newberg, Acting Director of Special Fund; Hon. Denis S. Kline, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

June 4, 1993.

Attorney(s) appearing for the Case

Daniel T. Albers, Kelly and Albers, Louisville, for appellants.

Rita E. Williams, David R. Allen, Cathy Utley Costelle, Labor Cabinet, Louisville, for appellees.

Before JOHNSON, McDONALD and STUMBO, JJ.

McDONALD, Judge:

This appeal challenges the propriety of an opinion of the Workers' Compensation Board limiting the award of attorney's fees in this case to $3,250.00. We have rendered this date an opinion in Hamilton v. Desparado Fuels, Inc., Ky.App., ___ S.W.2d ___ (1993), in which we held that the date of injury is the critical date for purposes of establishing a statutory entitlement to attorney's fees. However, we are convinced that this rule is not appropriate...

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