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UNINSURED EMPLOYERS' FUND v. TURNER

No. 98-SC-436-WC.

981 S.W.2d 544 (1998)

UNINSURED EMPLOYERS' FUND, Appellant, v. Walter TURNER, Commissioner, Department of Workers' Claims; Randy Kidd; B & E Hydroseeding & Contracting; Special Fund; Coal-Mac, Inc.; Ashland Coal, Inc.; and Roger D. Riggs, Administrative Law Judge, Appellees.

Supreme Court of Kentucky.

Rehearing Denied January 21, 1999.

Attorney(s) appearing for the Case

Robert W. Hensley, Assistant Attorney General, Uninsured Employers' Fund, Frankfort, for appellant.

Thomas G. Polites, Lexington, for appellee Kidd.

Appellee B & E Hydroseeding & Contracting, not represented by counsel.

David W. Barr, Labor Cabinet—Special Fund, Louisville, for appellee Special Fund.

Eric D. Hall, Turner & Hall, PSC, Prestonsburg, for appellee Coal-Mac, Inc.

Appellee Ashland Coal, Inc., not represented by counsel.

OPINION OF THE COURT

On July 1, 1993, claimant sustained injuries to his neck and shoulders while employed by B & E Hydroseeding & Contracting (B & E). He filed a workers' compensation claim in which he named B & E and the Special Fund as parties-defendant. Subsequently, the Uninsured Employers Fund (UEF) was named as a party-defendant pursuant to KRS 342.780 because B & E was uninsured at the time of the accident.

On December 11, 1995...

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