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AK STEEL CORP. v. ADKINS

No. 2007-SC-000515-WC.

253 S.W.3d 59 (2008)

AK STEEL CORPORATION, Appellant v. Beverly ADKINS; Hon. A. Thomas Davis, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

May 22, 2008.

Attorney(s) appearing for the Case

Shawn C. Conley, Vanantwerp, Monge, Jones & Edwards, Ashland, KY, Counsel for Appellant, AK Steel Corporation.

William C.O. Reaves, Ashland, KY, Counsel for Appellee, Beverly Adkins.

OPINION OF THE COURT

An Administrative Law Judge (ALJ) determined that rotator cuff surgery was reasonable and necessary treatment for an injury that the claimant sustained from an unexplained fall or from using hammers and opening/closing coal hopper doors. The Workers' Compensation Board affirmed the decision, and the Court of Appeals affirmed the Board. Appealing, the employer asserts that the ALJ lacked the authority to apply a non-statutory presumption of work...

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