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BRUMMITT v. SOUTHEASTERN KY. REHABILITATION

No. 2003-SC-1028-WC.

156 S.W.3d 276 (2005)

Joann BRUMMITT, Appellant, v. SOUTHEASTERN KENTUCKY REHABILITATION INDUSTRIES; Hon. Bonnie Kittinger, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

February 17, 2005.

Attorney(s) appearing for the Case

John E. Anderson, Cole, Cole, Anderson & Nagle, PSC, Barbourville, Counsel for Appellant.

Ronald J. Pohl, Picklesimer, Pohl & Kiser, P.S.C., Lexington, Counsel for Appellee.

OPINION OF THE COURT

The defendant-employer covered its workers' compensation liability with different carriers in April and October, 2000. The claimant settled her claim for a gradual injury with the first carrier but fully litigated it against the second. Based on a finding that a gradual injury became manifest on April 17, 2000, an Administrative Law Judge (ALJ) dismissed the claim for an October, 2000, injury and determined that the carrier on risk in April...

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