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AMERICAN PRINTING HOUSE FOR BLIND v. BROWN

No. 2003-SC-0837-WC.

142 S.W.3d 145 (2004)

AMERICAN PRINTING HOUSE FOR THE BLIND, as Insured by MUTUAL INSURANCE CORPORATION OF AMERICA, Appellant, v. Janet BROWN; American Printing House for the Blind, as Insured by Kesa; Hon. J. Kevin King, Administrative Law Judge and Workers' Compensation Board Appellees

Supreme Court of Kentucky.

As Corrected August 27, 2004.

Attorney(s) appearing for the Case

James G. Fogle, Jane Ann Pancake, Ferreri & Fogle, Louisville, Counsel for Appellant, American Printing House for the Blind, as Insured by Mutual Ins. Corp. of America.

Peter J. Naake, Louisville, Counsel for Appellee.

Mark Edward Hammond, O'Bryan, Brown & Toner, Louisville, for Counsel for Appellee, American Printing House for the Blind, as Insured by KESA.

OPINION OF THE COURT

An Administrative Law Judge (ALJ) determined that the claimant's gradual injury and disability became manifest on June 5, 2000, at which time Mutual Insurance Company of America (MICOA) covered the employer's workers' compensation liability. Appealing, MICOA asserted that the injury did not become manifest until January 11, 2001, when a physician informed the claimant of her work-related gradual injury and when KESA provided coverage. Distinguishing...

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