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HANEY v. COM., TRANSPORTATION CABINET

No. 96-SC-798-DG.

958 S.W.2d 310 (1997)

Eugene HANEY and Beverly Haney, Appellants, v. COMMONWEALTH OF KENTUCKY, TRANSPORTATION CABINET, and Kentucky Board of Claims, Appellees.

Supreme Court of Kentucky.

December 18, 1997.

Attorney(s) appearing for the Case

John David Preston, Robert G. Miller, Jr., Perry, Presto and Miller, Paintsville, for Appellants.

Andrew Martin Stephens, Lexington, for Appellees.

GLEN BAGBY, Special Justice.

This appeal concerns whether KRS 44.070(1) requires reduction of an award by the Board of Claims for Social Security disability benefits to be received by the claimant from Social Security. We hold that the express provisions of the statute require the reduction.

Eugene Haney and Beverly Haney filed a Board of Claims proceeding as the result of a March 8, 1989, accident in Johnson County, Kentucky. Mr. Haney was injured when a...

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