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RUSSELLVILLE WAREHOUSING v. BASSHAM

No. 2006-SC-000885-WC.

237 S.W.3d 197 (2007)

RUSSELLVILLE WAREHOUSING, Appellant v. Khris BASSHAM, Deceased; Glenda Bassham, Surviving Spouse of Khris Bassham; Hon. R. Scott Borders, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

November 1, 2007.

Attorney(s) appearing for the Case

James Gordon Fogle, Anthony K. Finaldi, Ferreri & Fogle, Louisville, KY, Counsel for Appellant, Russellville Warehousing.

Phillipe W. Rich, Hughes & Coleman, P.S.C., Louisville, KY, Counsel for Appellee, Khris Bassham, Deceased; Glenda Bassham, Surviving Spouse of Khris Bassham.

OPINION OF THE COURT

Among the grounds for reopening a final workers' compensation award are newly discovered evidence and mistake. An Administrative Law Judge (ALJ) dismissed the defendant-employer's motion to reopen, which was based upon evidence that came into existence after an award was rendered and changed a medical expert's opinion regarding causation. Although the Workers' Compensation Board (Board) affirmed insofar as the evidence did not come within the...

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