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MATTHEWS v. G & B TRUCKING, INC.

No. 1997-CA-000845-MR

987 S.W.2d 328 (1998)

Michael R. MATTHEWS, Appellant, v. G & B TRUCKING, INC.; Grover F. Baker, Individually; and Wausau Underwriters Insurance Company, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied January 19, 1999.

Attorney(s) appearing for the Case

Eric Bearden, Mike Breen, Bowling Green, for Appellant.

David Deep, Deep & Womack, Henderson, for Appellees G & B Trucking, Inc.

Frank F. Chuppe, Jean W. Bird, Wyatt, Tarrant & Combs, Louisville, for Appellee Wausau Underwriters Insurance Co.

Before GUIDUGLI, JOHNSON, and KNOPF, Judges.

OPINION

KNOPF, Judge:

This is an appeal from a summary judgment dismissing an action against an employer as barred by the exclusive liability provision of the Workers' Compensation Act. This Court finds that an employer who fails to secure payment of workers' compensation benefits is not entitled to benefit from the exclusive liability provision, even if an "up-the-ladder" contractor is liable for payment...

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