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TOKICO (USA), INC. v. KELLY

No. 2008-SC-000480-WC.

281 S.W.3d 771 (2009)

TOKICO (USA), INC., Appellant, v. Krystal KELLY; Honorable Chris Davis, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

As Corrected April 29, 2009.

Attorney(s) appearing for the Case

Jo Alice Van Nagell, Patrick Joseph Murphy, II, Casey, Bailey & Maines, PLLC, Lexington, KY, Counsel for Appellant, Tokico (USA), Inc.

Theresa C. Gilbert, Denney, Morgan, Rather & Gilbert, Lexington, KY, Counsel for Appellee, Krystal Kelly.

OPINION OF THE COURT

An Administrative Law Judge (ALJ) found that the claimant sustained a 39% combined permanent impairment rating for a work-related right arm injury and resulting psychological condition. The Workers' Compensation Board and the Court of Appeals affirmed. Appealing, the employer asserts that the ALJ awarded benefits erroneously for a condition that was not diagnosed in accordance with the Fifth Edition of the American Medical Association's Guides...

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