WHITTAKER v. McCLURE

No. 94-SC-340-WC.

891 S.W.2d 80 (1995)

Robert L. WHITTAKER, Acting Director of Special Fund, Successor to Special Fund, Appellant, v. Dorothy McCLURE, Gamco Products Company, and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

January 19, 1995.


Attorney(s) appearing for the Case

David Randall Allen, Labor Cabinet, Special Fund, Louisville, for appellant.

James G. Esser, Henderson, for appellee McClure.

Michael W. Alvey, Henderson, for appellee Gamco Products Co.


OPINION OF THE COURT

This case concerns: 1.) whether the penalty which is assessed against the recovery of a worker whose injury results from the willful violation of a known safety rule is computed as 15% of the entire award or 15% of that portion of the award to be paid by the employer, and 2.) if the penalty applies to the entire award, whether the Special Fund is entitled to receive a proportional share of the penalty. KRS 342.165.

Claimant was awarded...

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