ALLEN v. GLENN BAKER TRUCKING, INC.

No. 93-SC-552-WC.

875 S.W.2d 92 (1994)

Omer ALLEN, Appellant, v. GLENN BAKER TRUCKING, INC.; Special Fund; Dwight T. Lovan, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Ordered Published April 21, 1994.


Attorney(s) appearing for the Case

Warren A. Taylor, Donald G. Smith, Warren A. Taylor Law Offices, Hazard, for appellant.

Thomas L. Ferreri, William A. Miller, Sr., Ferreri & Fogle, Louisville, for appellee Glenn Baker Trucking, Inc.

Judith K. Bartholomew, Peter J. Naake, Labor Cabinet, Sp. Fund, Louisville, for appellee Special Fund.


OPINION OF THE COURT

After a complete consideration of the briefs filed in this case and the applicable law, we affirm the decision of the Court of Appeals and adopt that opinion.

"BEFORE: GUDGEL, HUDDLESTON and McDONALD, Judges.

"McDONALD, JUDGE. The sole issue in this case is whether the ALJ appropriately applied the provisions of KRS 342.035 to bar the appellant's claim for workers' compensation benefits.

"The facts leading to appellant...

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