GIBBS v. PREMIER SCALE COMPANY/INDIANA

No. 2000-SC-0205-WC.

50 S.W.3d 754 (2001)

Kelly D. GIBBS, Appellant, v. PREMIER SCALE COMPANY/INDIANA SCALE COMPANY; Donald G. Smith, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing August 23, 2001.


Attorney(s) appearing for the Case

Eric R. Collis, Lynch, Cox, Gilman, & Mahan, P.S.C., Louisville, for Appellant.

Thomas L. Ferreri, Hon. Brian Gannon, Kamp T. Purdy, Ferreri & Fogle, Louisville, for Appellee Premier Scale Co.

Appellee, Indiana Scale Co.: Not Represented By Counsel.


OPINION OF THE COURT

This workers' compensation appeal concerns whether the claimant demonstrated that he sustained a harmful change in the human organism which was evidenced by objective medical findings. KRS 342.0011(1). The meaning of the term "objective medical findings," as it is defined by KRS 342.0011(33), is a matter of first impression.

The claimant was born in 1939 and had an extensive employment history when he began working for the defendant...

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