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HOWARD BAER, INC. v. SCHAVE

No. 2001-SC-0740-DG.

127 S.W.3d 589 (2003)

HOWARD BAER, INC., et al., Appellants, v. Herbert D. SCHAVE, Appellee.

Supreme Court of Kentucky.

Rehearing Denied March 18, 2004.

Attorney(s) appearing for the Case

John T. Ballantine, Walter L. Sales, Thomas M. Williams, Ogden Newell & Welch, Edward J. Smith, Louisville, Stephen C. Douse, King and Ballow, Nashville, TN, Counsel for Appellants.

Linda B. Sullivan, William C. Jacobs, Lexington, Counsel for Appellee.

Opinion of the Court by Chief Justice LAMBERT.

This Court granted discretionary review to consider what proof is necessary to establish that a medical restriction on heavy lifting is a "disability" for purposes of the Kentucky Civil Rights Act.1 To decide this issue, we must consider whether being disqualified from performance of a single, task-specific job qualifies an individual as disabled...

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