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DRAVO LIME CO., INC. v. EAKINS

Nos. 2003-SC-1027-WC, 2003-SC-1042-WC.

156 S.W.3d 283 (2005)

DRAVO LIME COMPANY, INC., Appellant, v. Glenn EAKINS; Hon. Sheila C. Lowther, Chief Administrative Law Judge; and Workers' Compensation Board, Appellees, Glenn Eakins, Cross-Appellant, Dravo Lime Company, Inc; Hon. Sheila C. Lowther, Administrative Law Judge; and Workers' Compensation Board, Cross-Appellees.

Supreme Court of Kentucky.

February 17, 2005.

Attorney(s) appearing for the Case

W. Barry Lewis, Francesca L. Maggard, Lewis and Lewis Law Offices, Hazard, Counsel for Appellant/Cross Appellee.

Bernard J. Blau, Jolly, Blau, Kriege & Turner, Cold Spring, Counsel for Appellee/Cross-Appellant.

OPINION OF THE COURT

Relying on testimony from a witness who was not a practicing physician regarding the chemical properties of calcium oxide and its effects on the human body, an Administrative Law Judge (ALJ) determined that the claimant's exposure to the substance caused his pulmonary fibrosis and impairment. Furthermore, the ALJ refused to credit employer-funded disability benefits against the claimant's award. The Workers' Compensation Board (Board) affirmed...

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