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MORRISON v. HOME DEPOT

No. 2005-SC-0719-WC.

197 S.W.3d 531 (2006)

Donald MORRISON, Appellant, v. THE HOME DEPOT; Sedgwick Claims Management Services; Workers' Compensation Board; and Hon. John B. Coleman, Administrative Law Judge, Appellees.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing August 24, 2006.

As Corrected August 29, 2006.

Attorney(s) appearing for the Case

Otto Daniel Wolff, McMurtry & Wolff, Covington, Counsel for Appellant.

Kamp T. Purdy, Ferreri & Fogle, Lexington, Counsel for Appellee, the Home Depot.

OPINION OF THE COURT

This appeal concerns the report of a medical evaluation that was ordered under KRS 342.315 and performed by a physician who was not employed by the University of Kentucky or University of Louisville medical school. An Administrative Law Judge (ALJ) overruled the claimant's motion to strike, rejecting an assertion that the physician was not a university evaluator within the meaning of KRS 342.315. Affirming, the Workers' Compensation Board and...

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