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WHITTAKER v. HALL

No. 2003-SC-0048-WC.

132 S.W.3d 816 (2004)

Robert L. WHITTAKER, Director of Workers' Compensation Funds, Appellant, v. Cynthia K. HALL, Deceased; James C. Hall, Surviving Spouse of Cynthia K. Hall; Peyton's Inc.; Hon. Donna H. Terry, Administrative Law Judge; Hon. Sheila C. Lowther, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing May 20, 2004.

Attorney(s) appearing for the Case

David W. Barr, Workers' Compensation Funds, Frankfort, Counsel for Appellant.

Edward A. Mayer, Mayer Law Office, Louisville, Counsel for Appellees, Cynthia K. Hall and James C. Hall.

Walter E. Harding, Boehl Stopher & Graves, Louisville, Counsel for Appellee, Peyton's Inc.

OPINION OF THE COURT

An Administrative Law Judge (ALJ) awarded benefits to a deceased worker's estate and to her surviving spouse. Liability was apportioned equally to the employer and Special Fund. During the pendency of an appeal concerning the duration of the defendants' payment periods under the award, the surviving spouse remarried. After the award became final, the employer moved for "clarification" and a reopening of the award, seeking an adjustment in the...

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