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R.J. CORMAN R.R. CONST. v. HADDIX

Nos. 93-SC-269-WC, 93-SC-301-WC.

864 S.W.2d 915 (1993)

R.J. CORMAN RAILROAD CONSTRUCTION, Appellant, v. Brian HADDIX; Vicki G. Newberg, Acting Director of Special Fund; Irene Steen, Administrative Law Judge; and Workers' Compensation Board, Appellees, and Vicki G. NEWBERG, Acting Director of Special Fund, Appellant, v. Brian HADDIX; R.J. Corman Railroad Construction; Irene Steen, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

November 24, 1993.

Attorney(s) appearing for the Case

David L. Murphy, Scott C. Wilhoit, Clark, Ward & Cave, Louisville, for R.J. Corman R.R. Const.

Wolodymyr I. Cybriwsky, Timothy Parker, Prestonsburg, for Haddix.

Peter J. Naake, Joel D. Zakem, Labor Cabinet, Special Fund, Louisville, for Newberg.

OPINION OF THE COURT

Claimant was injured while taking out a railroad crossing when he was struck from behind by a tamping machine. In his Form 101 application for adjustment of claim he indicated injuries to his right ribs, right side of face, L3-L4 back injury, and concussion. Through medical testimony it was suggested that claimant may also have developed a psychological problem as the result of the accident.

In an opinion rendered March 29, 1991, the...

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