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CLEMCO FABRICATORS v. BECKER

No. 2001-SC-0194-WC.

62 S.W.3d 396 (2001)

CLEMCO FABRICATORS, Appellant, v. Andrew BECKER; Sheila C. Lowther, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

December 20, 2001.

Attorney(s) appearing for the Case

Carla Foreman Dallas, Louisville, Counsel for Appellant.

David L. Sage II, Hummel & Coan, Louisville, Counsel for Appellee Becker.

OPINION OF THE COURT

After being injured in a work-related automobile accident on June 6, 1995, the claimant sought workers' compensation benefits. He also filed a personal injury action and sought a declaration of rights against the driver of the vehicle, a co-worker. In the declaration of rights action, the employer asserted that the claimant's injury occurred within the course and scope of his employment, and the trial court agreed; however, an arbitrator reached...

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