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TRANSPORTATION CABINET v. POE

No. 2001-SC-0125-WC.

69 S.W.3d 60 (2001)

TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS, Appellant, v. Barry POE, Hon. Donald G. Smith, Administrative Law Judge and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing March 21, 2002.

Attorney(s) appearing for the Case

W. David Shearer, Jr., W. David Shearer, Jr., P.S.C., Louisville, Counsel for Appellant.

Thomas M. Rhoads, Rhoads & Rhoads, P.S.C., Madisonville, Ched Jennings, Workers' Compensation Board, Frankfort, Donald G. Smith, Administrative Law Judge, Lexington, Counsel for Appellees.

WINTERSHEIMER, Justice.

This appeal is from an opinion of the Court of Appeals affirming a decision of the Workers' Compensation Board which affirmed an opinion and award of the Administrative Law Judge which found Poe to be totally and permanently disabled.

Poe allegedly injured his left hip on January 21, 1997, when he slipped in oil while mopping a concrete floor while working for the Transportation Cabinet. At the time of the accident Poe was 43 years...

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