CARNES v. TREMCO MFG. CO.

No. 1999-SC-0536-WC.

30 S.W.3d 172 (2000)

Betty CARNES (Deceased); Phillip Carnes, Widower, Appellant, v. TREMCO MANUFACTURING COMPANY; Irene Steen, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

October 26, 2000.


Attorney(s) appearing for the Case

John E. Anderson, Cole, Cole, Anderson & Nagle, PSC, Barbourville, for Appellant.

W. Barry Lewis, Lewis and Lewis Law Offices, Hazard, for Appellee Tremco Manufacturing Company.


OPINION OF THE COURT

This workers' compensation appeal concerns whether a finding that a worker's death did not arise from her employment was erroneous as a matter of law.

It is undisputed that Betty Carnes and Delmar Partin were co-workers and that they had engaged in an extramarital relationship which Carnes eventually ended. Approximately two to three months later, on September 26, 1993, Carnes was murdered by Partin while in the workplace. See Partin...

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