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KENTUCKY EMPLOYERS' MUTUAL INS. v. J & R MINING, INC.

No. 2008-SC-000257-WC.

279 S.W.3d 513 (2009)

KENTUCKY EMPLOYERS' MUTUAL INSURANCE, Appellant, v. J & R MINING, INC.; Earl Reed, Jr., Deceased; Barbara Sue Reed; Stephanie Hammons, Administratrix of the Estate of Earl Reed, Jr.; Uninsured Employers' Fund; Honorable Howard E. Frasier, Jr., Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

March 19, 2009.

Attorney(s) appearing for the Case

Barry Lewis, Lewis and Lewis Law Offices, Hazard, KY, Counsel for Appellant, Kentucky Employers' Mutual Insurance.

James R. Stansbury, J. Robert Stansbury, PLLC, London, KY, Counsel for Appellees, Earl Reed, Jr., Deceased; Barbara Reed; And Stephanie Hammons.

Brent R. Baughman, Melissa Norman Bork, Greenebaum Doll & McDonald, PLLC, Louisville, KY, Counsel for Amicus Curiae, Property Casualty Insurers Association of America.

H. Edward O'Daniel, Jr., Springfield, KY, Counsel for Amicus Curiae, American Insurance Association.

OPINION OF THE COURT

An Administrative Law Judge (ALJ) determined that Earl Reed, Jr. was an employee of J & R Mining, Inc., at the time of his fatal work-related injury and awarded benefits to his estate and surviving spouse. The Workers' Compensation Board and the Court of Appeals affirmed. Appealing, Kentucky Employers' Mutual Insurance (KEMI) asserts that J & R's policy did not cover Reed because he was an owner of the company and requested a policy...

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