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KY. EMPLOYERS SAFETY v. LEXINGTON

No. 2008-SC-000671-WC.

291 S.W.3d 683 (2009)

KENTUCKY EMPLOYERS SAFETY ASSOCIATION, Appellant, v. LEXINGTON DIAGNOSTIC CENTER; Lee Kirkland; Honorable John B. Coleman, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Rehearing Denied October 1, 2009.

Attorney(s) appearing for the Case

Thomas L. Ferreri, Ferreri & Fogle, Louisville, KY, Gregory Lonzo Little, Ferreri & Fogle, Lexington, KY, Counsel for Appellant, Kentucky Employers Safety Association.

Kevin Wayne Weaver, Sturgill, Turner, Barker & Moloney, PLLC, Lexington, KY, Counsel for Appellee, Lexington Diagnostic Center.

OPINION OF THE COURT

This appeal results from a medical fee dispute between an employer and its workers' compensation insurance carrier.1 At issue is whether a healthcare worker who was splattered in the face and eye with blood sustained a compensable injury and, as a consequence, whether the employer or the insurance carrier bears liability for the expense of OSHA-required prophylactic testing. Affirming a decision by the Workers' Compensation...

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