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ST. JOSEPH HOSP. v. LITTLETON-GOODAN

No. 2007-SC-000688-WC.

260 S.W.3d 826 (2008)

ST. JOSEPH HOSPITAL, Appellant, v. Pamela LITTLETON-GOODAN; Hon. R. Scott Borders, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

August 21, 2008.

Attorney(s) appearing for the Case

Ronald Jude Pohl, Pohl, Kiser & Aubrey, P.S.C., Lexington, KY, Counsel for Appellant, St. Joseph Hospital.

Donald Gene Smith, McKinnley Morgan, Morgan, Madden, Brashear & Collins, London, KY, Counsel for Appellee, Pamela Littleton-Goodan.

OPINION OF THE COURT

When deciding the reopening that is the subject of this appeal, the Administrative Law Judge (ALJ) relied on a Form 107 medical report that accompanied the claimant's initial application for benefits although neither party designated it as being part of the evidence at reopening. The Workers' Compensation Board (Board) and the Court of Appeals affirmed. Both determined that 803 KAR 25:010, § 4(6) requires the movant to examine the record...

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