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INGERSOLL-RAND CO. v. WHITTAKER

Nos. 93-CA-002819-WC, 94-CA-2029-WC.

883 S.W.2d 514 (1994)

INGERSOLL-RAND COMPANY, Appellant/Cross-Appellee, v. Robert L. WHITTAKER, Acting Director of the Special Fund, Appellee/Cross-Appellant, and Walter Lee, Denis S. Kline, (Administrative Law Judge), and Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

September 2, 1994.

Attorney(s) appearing for the Case

James B. Brien, Jr., Mayfield, for appellant/cross appellee, Ingersoll-Rand Co.

Mark C. Webster, Louisville, for appellee/cross appellant, Robert L. Whittaker, Acting Director of the Sp. Fund.

Benjamin J. Lookofsky, Mayfield, for appellee, Walter Lee.

Before COMBS, SCHRODER and WILHOIT, JJ.

SCHRODER, Judge:

This is a petition for review, brought by appellant, Ingersoll-Rand Company (Ingersoll-Rand), and a protective petition for review, brought by cross-appellant, Special Fund, of a Workers' Compensation Board's (Board) decision of October 22, 1993. The issue boils down to whether the employer or the employee should bear the loss when the Board does not receive notice, as mandated by KRS 342.040, that the employer has ceased paying the injured employee...

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