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WINDCHY v. FRIEND

No. 95-SC-185-WC.

920 S.W.2d 57 (1996)

William O. WINDCHY, Acting Director of Special Fund (Successor to Robert L. Whittaker), Appellant, v. Kelsey E. FRIEND, Sr. of Kelsey E. Friend Law Firm; Clarence Randall Harris; T & W Coal Company; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

April 25, 1996.

Attorney(s) appearing for the Case

David Randall Allen, Special Fund, Louisville, for Appellant.

Kelsey E. Friend, Robert J. Greene, Kelsey E. Friend Law Firm, Pikeville, Benita Riley, Prestonburg, for Appellees.

GRAVES, Justice.

The Special Fund appeals from an award of attorneys' fees because the amount exceeds the statutory maximum. In 1993, the Administrative Law Judge awarded and the Court of Appeals later affirmed an attorneys' fee of $45,488.46 even though the compensable injury occurred in 1988 when the applicable law permitted only $6,500 in attorneys' fees. Fifty percent of the attorney's fee is now payable by the Special Fund. Both the Workers' Compensation Board...

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