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DAUB v. BAKER CONCRETE

No. 1999-SC-0700-WC.

25 S.W.3d 124 (2000)

Wayne C. DAUB and Fred Eller, Appellants, v. BAKER CONCRETE; Robert Whittaker, Director of Special Fund; A.B. Chandler, Attorney General; Donna Terry, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

August 24, 2000.

Attorney(s) appearing for the Case

Wayne C. Daub, Louisville, for Appellants.

Mary Ann Kiwala, Boehl, Stopher, & Graves, Louisville, for Appellee Baker Concrete.

David R. Allen, Labor Cabinet—Special Fund, Frankfort, for Appellee Whittaker.

Attorney General A.B. Chandler, III, John C. Dorsey, John L. Pendley, Assistants Attorney General, Uninsured Employers' Fund, Frankfort, for Appellee Chandler.

OPINION OF THE COURT

This workers' compensation appeal concerns whether the December 12, 1996, amendment to KRS 342.320(2)(a), which limits the maximum attorney fee for representing an injured worker before an arbitrator to $2,000.00, was properly applied to a claim which arose before the amendment's effective date. It also concerns whether the provision is constitutional.

The claimant was injured on May 13, 1996. On December 12, 1996, at the culmination...

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