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H.E. NEUMANN CO. v. LEE

No. 98-SC-220-WC.

975 S.W.2d 917 (1998)

H.E. NEUMANN COMPANY, Appellant, v. Thomas Earl LEE, Special Fund, and Workers' Compensation Board Appellees.

Supreme Court of Kentucky.

September 3, 1998.

Attorney(s) appearing for the Case

David S. Strite, Cathleen Charters Palmer, O'Bryan, Brown & Toner, Louisville, for Appellant.

Ronald M. Sullivan, Sullivan, Mountjoy, Stainback & Miller, P.S.C., Owensboro, for Appellee/Thomas Earl Lee.

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

OPINION OF THE COURT

This matter is before the Court as an appeal by the employer from an opinion of the Court of Appeals affirming the decision of the Workers' Compensation Board (Board). The Board reversed the Administrative Law Judge's (ALJ's) ruling that the claim was barred by the statute of limitations provision found in KRS 342.185.

The sole issue herein is whether the statute of limitations period was tolled due to the fact that the employer failed...

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