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GATLIFF COAL CO. v. EVANS

No. 94-SC-786-WC.

896 S.W.2d 608 (1995)

GATLIFF COAL COMPANY, Appellant, v. Jerry L. EVANS; Denis S. Kline, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

April 20, 1995.

Attorney(s) appearing for the Case

William M. Cox, Jr., Teague, Cox & Davis, Williamsburg, for appellant.

Jerry L. Evans, Middlesboro, pro se.

OPINION OF THE COURT

After a complete review of the briefs and record, we adopt in toto the decision of the Court of Appeals.

"BEFORE: LESTER, CHIEF JUDGE, HUDDLESTON, AND SCHRODER, JUDGES.

"SCHRODER, JUDGE: This petition for review of a decision of the Workers' Compensation Board has only one issue, the right of the employer to take credit on the past due portion of an award from the voluntary payments by the employer pursuant to a short term disability...

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