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  5. 887 S.W.2d 336 (1994)
 

HAMMONS v. TREMCO, INC.

Nos. 94-SC-44-WC, 94-SC-91-WC.

887 S.W.2d 336 (1994)

Geneva HAMMONS, Appellant, v. TREMCO, INC.; Vicki G. Newberg, Acting Director of Special Fund; Ronald L. McDermott, Administrative Law Judge; and Workers' Compensation Board, Appellees. TREMCO, INC., Cross-Appellant, v. Geneva HAMMONS; Vicki G. Newberg, Acting Director of Special Fund; Ronald L. McDermott, Administrative Law Judge; and Workers' Compensation Board, Cross-Appellees.

Supreme Court of Kentucky.

Ordered Published October 19, 1994.

As Corrected December 9, 1994.

Attorney(s) appearing for the Case

John E. Anderson, Cole, Cole, Anderson & Nagle, P.S.C., Barbourville, for Hammons.

Barry Lewis, Suzanne S. Farmer, Farmer, Kelley, and Farmer, London, for Tremco, Inc.

Mark C. Webster, Labor Cabinet — Special Fund, Louisville, for Newberg.

OPINION AND ORDER

STEPHENS, Chief Justice.

The threshold issue raised by the employer in this workers' compensation case is whether the appeal in Hammons v. Tremco (1994) (94-SC-44-WC) should be dismissed pursuant to CR 25.01(1) because claimant died on January 12, 1992, while the case was on appeal to the Workers' Compensation Board (Board), and her personal representative has not moved to revive the action or to be substituted as a party...

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