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WARRIOR COAL CO., LLC v. STROUD

No. 2003-SC-0988-WC.

151 S.W.3d 29 (2004)

WARRIOR COAL COMPANY, LLC, Appellant, v. Billie STROUD; Hon. Roger D. Riggs, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

December 16, 2004.

Attorney(s) appearing for the Case

John C. Morton, Allison Bowers Rust, Morton & Bach, Henderson, Counsel for Appellant.

Jerry P. Rhoads, Madisonville, Counsel for Appellee.

OPINION OF THE COURT

The claimant was injured after he fell asleep at the wheel on his way to work. The accident occurred on a private access road to the defendant-employer's coal mine, inside a gate. Applying the "operating premises" exception to the "going and coming" rule, an Administrative Law Judge (ALJ) determined that the injury was work-related, and the decision was affirmed by the Workers' Compensation Board (Board) and the Court of Appeals. The employer...

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