HEARTLAND HEALTH CARE CENTER v. MAUPIN

Nos. 93-SC-749-WC, 93-SC-957-WC.

887 S.W.2d 553 (1994)

HEARTLAND HEALTH CARE CENTER, Appellant, v. Rosella MAUPIN; Vicki G. Newberg, Acting Director of Special Fund; Walter W. Turner, Administrative Law Judge; and Workers' Compensation Board, Appellees, and AMERICAN STANDARD, Appellant, v. Daniel LANGNEHS; Vicki Newberg, Acting Director of Special Fund; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

November 23, 1994.


Attorney(s) appearing for the Case

Carole Meller Pearlman, Williams & Wagoner, Louisville, for appellant Heartland Health Care Center.

Jackson W. Watts, Lexington, for appellee Maupin.

Judith K. Bartholomew, Joel D. Zakem, R. Scott Summers, Louisville, for appellee Newberg.

William A. Miller, Sr., C. Patrick Fulton, Louisville, for appellant American Standard.

Tamara Todd Cotton, Hardy, Logan, Priddy & Cotton, Louisville, for appellee Langnehs.


OPINION OF THE COURT

The issue in these cases is when a work-related back or heart condition is automatically apportioned equally between the employer and the Special Fund pursuant to KRS 342.1202, shall another compensable condition related to the underlying heart or back condition also be automatically apportioned equally.

KRS 342.1202 was enacted in 1987 and provides as follows:

342.1202 Apportionment of award for income benefits or permanent...

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