NEWBERG v. CASH

Nos. 92-CA-382-WC, 92-CA-447-WC.

854 S.W.2d 791 (1993)

Vicki G. NEWBERG, Acting Director of Special Fund, Appellant, v. Darrell CASH; Warren County Fiscal Court; W. Bruce Cowden, Jr., Administrative Law Judge; and Workers' Compensation Board, Appellees. WARREN COUNTY FISCAL COURT, Appellant, v. Darrell CASH; Vicki Newberg, Acting Director, Special Fund; Hon. W. Bruce Cowden, Jr., Administrative Law Judge; and Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

June 4, 1993.


Attorney(s) appearing for the Case

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

Joseph R. Kirwan, Hixson, Downey and Travelsted, Bowling Green, for appellee, Cash.

L.J. Hollenbach, IV, Carole Meller Pearlman, Williams & Wagoner, Louisville, for Warren County Fiscal Court.

Before HUDDLESTON, McDONALD and WILHOIT, JJ.


McDONALD, Judge.

This is a workers' compensation case which presents the question of whether, upon a reopening, partial permanent disability (PPD) benefits may be awarded and made payable retroactively to the date after temporary total disability (TTD) payments were terminated. Under the specific facts and circumstances of this case, it is our opinion that PPD was properly awarded upon reopening. However, we conclude that payment of the award should have been ordered...

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