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LEISTNER v. CONCESSION AIR, INC.

No. 94-SC-420-WC.

892 S.W.2d 567 (1994)

Elsie LEISTNER, Appellant, v. CONCESSION AIR, INC.; Vicki G. Newberg, Acting Director of Special Fund; Roger Riggs, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Case Ordered Corrected and Published by Supreme Court February 16, 1995.

Attorney(s) appearing for the Case

Penny UnKraut Hendy, Smith, Wolnitzek, Schachter & Rowekamp, P.S.C., Ft. Mitchell, for appellant.

Robert Barry Cetrulo, Jr., Ware, Bryson, West & Kummer, Edgewood, for appellee Concession Air, Inc.

Mark C. Webster, Labor Cabinet, Sp. Fund, Louisville, for appellee Newberg.

OPINION OF THE COURT

On June 21, 1991, claimant filed an application for compensation benefits, alleging that she had injured her back at work on March 27, 1989. With the application, she filed a Form 107 medical report and a letter, dated April 23, 1991, both of which were prepared by Dr. John P. Schmitz. In the letter, Dr. Schmitz stated, "I feel that 10% of the 15% disability that Elsie Leistner has incurred would be due to the compression fracture. 5% remaining...

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