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BENSON'S INC. v. FIELDS

No. 96-SC-582-WC.

941 S.W.2d 473 (1997)

BENSON'S INC., Appellant, v. Gail FIELDS; William O. Windchy, Acting Director of Special Fund; Now Robert E. Spurlin, Director of Special Fund; Roger D. Riggs, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

March 27, 1997.

Attorney(s) appearing for the Case

Carole Meller Pearlman, Williams & Wagoner, Louisville, for Appellant.

Christopher J. Mehling, Covington, for Appellee Fields.

Judith K. Bartholomew, Labor Cabinet, Special Fund, Louisville, for Appellee Windchy, etc.

OPINION OF THE COURT

This appeal by an employer concerns whether KRS 342.1202(2), the 1994 amendment to KRS 342.1202, was remedial in nature and may be applied retroactively to a claim which arose before its effective date.

Claimant injured her back at work in April, 1993. After reviewing the evidence, the Administrative Law Judge (ALJ) determined that claimant was totally, occupationally disabled as a result of the injury. The ALJ found that, absent claimant...

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