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MORSEY INC. v. FRAZIER

No. 2007-SC-000159-WC.

245 S.W.3d 757 (2008)

MORSEY, INC., Appellant, v. Cynthia FRAZIER, Widow of Daniel Frazier, Deceased; Hon. Irene Steen, Administrative Law Judge; Kentucky Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

February 21, 2008.

Attorney(s) appearing for the Case

Richard Christion Hutson, Whitlow, Roberts, Houston & Staub, PLLC, Paducah, KY, Counsel for Appellant, Morsey, Inc.

Craig Housman, Paducah, KY, Counsel for Appellee, Cynthia Frazier, Widow of Daniel Frazier, Deceased.

OPINION OF THE COURT

KRS 342.730(4) requires all income benefits payable to spouses and dependents of deceased workers to terminate "when such spouses and dependents qualify for Social Security benefits by reason of the fact that the worker upon whose earnings entitlement is based would have qualified for normal old-age Social Security retirement benefits."

An Administrative Law Judge (ALJ) determined that Daniel Frazier's death was work-related and that...

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