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T.J. MAXX v. BLAGG

No. 2007-SC-000939-WC.

274 S.W.3d 436 (2008)

T.J. MAXX, Appellant v. Christine L. BLAGG; Honorable John B. Coleman, Administrative Law Judge; and Worker's Compensation Board, Appellees.

Supreme Court of Kentucky.

December 18, 2008.

Attorney(s) appearing for the Case

Lyn Douglas Powers, Fulton & Devlin, Louisville, KY, Counsel for Appellant, T.J. Maxx.

Michael C. Arnold, Crestview Hills, KY, Counsel for Appellee, Christine L. Blagg.

OPINION OF THE COURT

The Workers' Compensation Board vacated the opinion and order that dismissed this claim on the ground that the Administrative Law Judge (ALJ) relied on an invalid university evaluation. The Court of Appeals affirmed. Appealing, the employer argues: 1.) that the ALJ erred by ordering an evaluation after the claim was submitted for a decision; and 2.) that the Board usurped the ALJ's function by finding Dr. Goldman not to be a valid university...

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