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WHITTAKER v. ALLEN

Nos. 97-SC-838-WC to 97-SC-840-WC.

966 S.W.2d 956 (1998)

Robert L. WHITTAKER, Acting Director of Special Fund, Appellant, v. Larry ALLEN; Union Gas Company; Mark C. Webster, Administrative Law Judge; and Workers' Compensation Board, Appellees. and Larry ALLEN, Appellant, v. UNION GAS COMPANY; Robert E. Spurlin, Director of Special Fund; Mark Webster, Administrative Law Judge; and Workers' Compensation Board, Appellees. and UNION GAS COMPANY, Appellant, v. Larry ALLEN; Robert L. Whittaker, Acting Director of Special Fund; Mark Webster, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

April 16, 1998.

Attorney(s) appearing for the Case

Joel D. Zakem, Louisville, for Whittaker and Spurlin.

Charles A. Saladino, Barclay W. Banister, Paducah, for Allen.

John P. Rall, Teresa Moss Groves, Boehl, Stopher, & Graves, Paducah, for Union Gas Company.

OPINION OF THE COURT

Claimant sustained a work-related back injury on April 15, 1982, for which he was awarded a permanent, total disability by the "old" Workers' Compensation Board. Liability was apportioned 43% to the employer and 57% to the Special Fund. On December 19, 1994, the employer moved to reopen the award in order to contest certain medical expenses. In obtaining evidence relative to the motion, the employer learned that claimant was repeatedly bending...

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