WHITTAKER v. CECIL

No. 2001-SC-0321-WC.

69 S.W.3d 69 (2002)

Robert L. WHITTAKER, Director of Special Fund, Appellant, v. Nina M. CECIL; Trim Masters, Inc.; Sheila C. Lowther, 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

David R. Allen, Labor Cabinet—Special Fund, Frankfort, Counsel for Appellant.

Robert L. Catlett, Jr., Louisville, Counsel for Cecil.

Thomas L. Ferreri, James G. Fogle, Ferreri & Fogle, Louisville, Counsel for Trim Masters.


MEMORANDUM OPINION OF THE COURT

After sustaining a work-related back injury, the claimant was awarded income benefits for permanent, total disability, with a tier-down of benefits beginning at age 65. The parties stipulated to 50% apportionment, and consistent with the then-current interpretation of the law, the award provided that all income benefits were to be paid by the employer for the initial 50% of the claimant's life expectancy, with the Special Fund paying...

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