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WHITTAKER v. IVY

No. 2001-SC-0322-WC.

68 S.W.3d 386 (2002)

Robert L. WHITTAKER, Director of Special Fund, Appellant, v. Edward E. IVY; Peabody Coal Company (Settled); Richard H. Campbell, Jr., Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

February 21, 2002.

Attorney(s) appearing for the Case

Joel D. Zakem, Frankfort, Counsel for Appellant.

John S. Sowards, Jr., Wilson, Sowards, Polites, & McQueen, Lexington, Counsel for Appellee, Edward E. Ivy.

OPINION OF THE COURT

In 1985, the claimant sustained a partially disabling back injury that required surgery. He settled the claim with the employer and Special Fund, obtained other employment, and performed physically strenuous work until August, 1994. In 1997, he moved to reopen the back injury claim, alleging increased disability due to a worsening of his condition and, after settling with the employer, he proceeded against the Special Fund. Based upon the medical...

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