LAMBERT, Justice.
The decisive issue here is whether a potential, but unasserted, defense under the exclusiveness of liability provision of the Workers' Compensation Act, KRS 342.690, deprives a circuit court of subject matter jurisdiction of a claim otherwise properly before it, thus rendering its final judgment subject to vacation upon motion pursuant to CR 60.02. Despite appellee's failure to raise any Workers' Compensation defense until after a notice of appeal...
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