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WHITTAKER v. BYARD

No. 1999-SC-0894-WC.

25 S.W.3d 118 (2000)

Robert L. WHITTAKER, Director of Special Fund, Appellant, v. Sheral Lee BYARD; Titan Fabricators, Inc.; Sheila C. Lowther, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

August 24, 2000.

Attorney(s) appearing for the Case

David R. Allen, Frankfort, for Appellant.

Jeanie Owen Miller, Owensboro, for Appellee Byard.

Richard Christion Hutson, Whitlow, Roberts, Houston, & Straub, Paducah, for Appellee Titan Fabricators, Inc.

OPINION OF THE COURT

This workers' compensation appeal concerns a matter of first impression: whether a claim against the Special Fund was barred by the two-year period of limitations in an instance where a timely claim was filed against the employer, where the first evidence to support Special Fund liability was produced by the employer more than two years after the last voluntary payment, and where a motion to join the Special Fund was filed at the same time as...

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