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SPURLIN v. ADKINS

Nos. 96-SC-517-WC, 96-SC-573-WC.

940 S.W.2d 900 (1997)

Robert E. SPURLIN, Director of Special Fund, Successor to William O. Windchy, Acting Director, Appellant, v. Vernald ADKINS; Leaseway Personal Corporation; Roger D. Riggs, Administrative Law Judge; and Workers' Compensation Board, Appellees, and LEASEWAY PERSONAL CORPORATION, Appellant, v. Vernald ADKINS; Robert E. Spurlin, Director of Special Fund, Successor to William O. Windchy; Roger D. Riggs, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

March 27, 1997.

Attorney(s) appearing for the Case

David W. Barr, Labor Cabinet, Special Fund, Louisville, for Spurlin.

Ronald J. Pohl, Ferreri & Fogle, Lexington, for Leaseway Personal Corp.

James E. Isenberg, David M. Benson, Louisville, for Appellee Adkins.

OPINION OF THE COURT

Claimant was determined to be 80% occupationally disabled due to a work-related back injury which occurred on March 28, 1993. Previously, he had undergone back surgery subsequent to a 1986 injury for which no claim was filed. The Administrative Law Judge (ALJ) determined that claimant had sustained a 20% prior, active disability as a result of the 1986 injury and was totally, occupationally disabled from the combined injuries. As a result, he...

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