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MITCHELL v. TFE GROUP

No. 2008-SC-000148-WC.

276 S.W.3d 814 (2009)

Susan MITCHELL, Appellant, v. The TFE GROUP; Honorable Sheila C. Lowther, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

January 22, 2009.

Attorney(s) appearing for the Case

Charles E. Jennings, Jennings Law Office, Louisville, KY, Counsel for Appellant, Susan Mitchell.

Scott Caldwell Wilhoit, Clark & Ward, PLLC, Louisville, KY, Counsel for Appellee, The TFE Group.

OPINION OF THE COURT

The Chief Administrative Law Judge (ALJ) denied the claimant's motion requesting an attorney's fee in an unfair claims settlement practices proceeding. The Workers' Compensation Board and the Court of Appeals affirmed, agreeing that neither KRS 342.320 nor any other statute authorizes an attorney's fee in a proceeding under KRS 342.267. We affirm.

The claimant sought benefits for a work-related knee injury. After considering the parties...

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