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WHITTAKER v. ROWLAND

Nos. 99-SC-0003-WC, 99-SC-0153-WC.

998 S.W.2d 479 (1999)

Robert L. WHITTAKER, Director of Special Fund, Appellant, v. Murray ROWLAND; Field Packing Company; Sheila C. Lowther, Administrative Law Judge; and Workers' Compensation Board, Appellees. and Field Packing Company, Appellant, v. Murray Rowland; Special Fund; Sheila C. Lowther, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

August 26, 1999.

Attorney(s) appearing for the Case

David R. Allen, Joel D. Zakem, Louisville, for Whittaker/Special Fund.

John H. Helmers, Owensboro, for Field Packing Co.

Christopher G. Safreed, Moore, Malone, & Safreed, Owensboro, for Rowland.

OPINION OF THE COURT

This workers' compensation appeal concerns whether there was substantial evidence at reopening to support increasing a settled award to one for total disability. It also concerns the proper method for crediting payments made pursuant to the settlement.

Claimant was a 63-year-old maintenance worker with an eighth grade education. He fell and injured his back at work in February, 1987. He underwent back surgery by Dr. Kavolus in November...

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