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HUBBARD v. HENRY

No. 2006-SC-000750-WC.

231 S.W.3d 124 (2007)

Bobby HUBBARD, d/b/a B & H Logging, Appellant v. Terry Wade HENRY; Uninsured Employers' Fund; Honorable R. Scott Borders, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

August 23, 2007.

Attorney(s) appearing for the Case

Donald Duff, Frankfort, KY, and Glenn L. Greene, Jr., Harlan, KY, Counsel for Appellant, Bobby Hubbard d/b/a B & H Logging.

Ronald Scott Wilder, Gambrel & Wilder Law Offices, PLLC, Richmond, KY, Counsel for Appellee, Terry Wade Henry.

David K. Martin, Assistant Attorney General, Frankfort, KY, Counsel for Appellee, Uninsured Employers' Fund.

OPINION OF THE COURT

KRS 342.640 lists various kinds of workers that Chapter 342 considers to be employees. The claimant's injuries occurred while he was working for Bobby Hubbard d/b/a B & H Logging, without pay, in order to demonstrate his ability as a timber cutter before being hired. An Administrative Law Judge (ALJ) dismissed his application for benefits after finding that he had not been hired, was not working under an implied contract of hire and, therefore...

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