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PHOENIX MFG. CO. v. JOHNSON

No. 2001-SC-0218-WC.

69 S.W.3d 64 (2001)

PHOENIX MANUFACTURING COMPANY, as Insured by AIK Selective Self-Insurance Fund, Appellant, v. Sallie JOHNSON; Phoenix Manufacturing Company, as Insured by Liberty Mutual Insurance Group; Robert L. Whittaker, Director of Special Fund; J. Landon Overfield, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Case Ordered Published by Supreme Court March 21, 2002.

Attorney(s) appearing for the Case

Carla Foreman Dallas, Louisville, Counsel for Appellant.

John F. Anderson, Cole, Cole & Anderson, PSC, Barbourville, Counsel for Appellee Johnson.

W. Barry Lewis, Hazard, Counsel for Appellee Phoenix Manufacturing as Insured by Liberty Mutual Insurance Group.

Joel D. Zakem, Labor Cabinet—Special Fund, Frankfort, Counsel for Appellee Whittaker.

OPINION OF THE COURT

The claimant injured the same area of her lower back in 1989 and in 1992 while working for the defendant-employer. She later settled the claims with the Special Fund and with the insurance carrier that covered the employer's liability for each of the respective injuries, but after undergoing surgery for a herniated disc, she moved to reopen the claims. An Administrative Law Judge (ALJ) later determined that the claimant's disability had increased...

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