DESA INTERN., INC. v. BARLOW

No. 2000-SC-0975-WC.

59 S.W.3d 872 (2001)

DESA INTERNATIONAL, INC., Appellant, v. Felicia BARLOW; Special Fund; John W. Mann, Arbitrator; Donald G. Smith, Administrative Law Judge; and Workers' Compensation Board, Appellees. and Robert L. Whittaker, Director of Special Fund, Appellant, v. Felicia Barlow; Desa International, Inc.; Donald G. Smith, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing November 21, 2001.


Attorney(s) appearing for the Case

W. Cravens Priest, III, English, Lucas, Priest, & Owsley, Bowling Green, for Desa International, Inc.

David R. Allen, Labor Cabinet, Special Fund, Frankfort, for Whittaker.

Ray B. White, Bowling Green, for appellee Barlow.

David R. Allen, Hon. David W. Barr, Labor Cabinet, Special Fund, Frankfort, for appellee Special Fund.


OPINION OF THE COURT

An Administrative Law Judge (ALJ) determined that the claimant was partially disabled by carpal tunnel syndrome as a result of her work for a manufacturer of residential heating units and that the condition became manifest in July, 1996, and disabling in July, 1998. Based upon evidence that she was normally laid off at the beginning of each year and recalled in late spring or early summer due to the seasonal demand for the employer's product...

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