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BOYD v. C & H TRANSP.

No. 95-SC-176-WC.

902 S.W.2d 823 (1995)

Dana BOYD, Appellant, v. C & H TRANSPORTATION (as Insured By Home Insurance Company); C & H Transportation (as Insured By National Union Fire Insurance Company); Hon. George Schuhmann, Administrative Law Judge and Kentucky Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Rehearing Denied August 24, 1995.

Attorney(s) appearing for the Case

Kelsey E. Friend, Robert J. Greene, Kelsey E. Friend Law Firm, Pikeville, for appellant.

John G. McNeill, Landrum & Shouse, Lexington, for appellee C & H.

J.L. Roark, Barret, Haynes, May, Carter & Roark, P.S.C., Hazard, for appellee C & H (National Union).

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals affirming a Workers' Compensation Board opinion which reversed benefits awarded by an Administrative Law Judge.

The questions presented by Boyd in his appeal to this Court are 1) that failure to plead KRS 342.670(2) as an affirmative defense constitutes a waiver, and 2) the defendants have not met their burden of proof in order to establish a special defense pursuant to KRS 342...

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