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B.L. RADDEN & SONS, INC. v. COPLEY

No. 94-CA-0034-WC.

891 S.W.2d 84 (1995)

B.L. RADDEN & SONS, INC., Appellant, v. Wayne COPLEY, Special Fund, and Willard B. Paxton, Administrative Law Judge, Appellees.

Court of Appeals of Kentucky.

January 13, 1995.

Attorney(s) appearing for the Case

John V. Porter, J.K. Wells, Wells, Porter & Schmitt, Paintsville, for appellant.

Robert G. Miller, Jr., Perry & Preston, Paintsville, for appellee, Wayne Copley.

Joel D. Zakem, Louisville, Glina R. Bryant-Lentz, Frankfort, for Special Fund.

Before EMBERTON, HUDDLESTON and McDONALD, JJ.

McDONALD, Judge.

The appellant/employer, B.L. Radden & Sons, Inc., has raised both a substantive and a procedural issue for our review of the Workers' Compensation Board's (board's) opinion which reversed the dismissal by the administrative law judge (ALJ) of the appellee's claim. The sole basis for the dismissal was attributable to the claimant's failure to submit to a medical examination. We have no hesitation to hold...

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