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LEECO, INC. v. CRABTREE

No. 97-SC-929-WC.

966 S.W.2d 951 (1998)

LEECO, INC., Appellant, v. Coy CRABTREE; Richard H. Campbell, Administrative Law Judge; Robert E. Spurlin, Director of Special Fund; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

April 16, 1998.

Attorney(s) appearing for the Case

Timothy J. Walker, London, for Appellant.

James D. Holliday, Hazard, for Appellee Crabtree.

David Randall Allen, Labor Cabinet, Special Fund, Louisville, for Appellee Spurlin.

OPINION OF THE COURT

This appeal concerns the proper application of the "tier down" provision contained in KRS 342.730(4) to a combined award for successive disabilities, one of which occurred before the effective date of the provision. Acts 1994, ch. 181, § 25.

Claimant filed a workers' compensation claim based upon injuries which were sustained in incidents occurring on July 2, 1992, and May 24, 1994. In an opinion rendered on February 28,...

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