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WHITTAKER v. WRIGHT

Nos. 98-SC-58-WC, 98-SC-59-WC.

969 S.W.2d 209 (1998)

Robert L. WHITTAKER, Director of Special Fund, Appellant, v. Glenda K. WRIGHT; Transitional Health Services; Donna Terry, Administrative Law Judge; and Workers' Compensation Board, Appellees. TRANSITIONAL HEALTH SERVICES, Appellant, v. Glenda K. WRIGHT; Special Fund; Donna Terry, Administrative Law Judge, and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

May 21, 1998.

Attorney(s) appearing for the Case

David W. Barr, Louisville, for Special Fund.

Miller Kent Carter, Branham & Carter, P.S.C., Pikeville, for Glenda Wright.

Walter A. Ward, Kimberly D. Newman, Clark, Ward & Cave, Lexington, for Transitional Health Services.

WINTERSHEIMER, Justice.

This appeal is from an opinion of the Court of Appeals reversing a decision by the Workers' Compensation Board which dismissed an appeal filed by Wright as nonfinal.

The question presented is whether the doctrine of relation forward should apply in a workers' compensation case when an appeal is prematurely filed prior to an order becoming final.

On December 17, 1996, the Chief Administrative Law Judge rendered an opinion awarding...

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