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VACUUM DEPOSITING, INC. v. DEVER

No. 2008-SC-000853-WC.

285 S.W.3d 730 (2009)

VACUUM DEPOSITING, INC., Appellant, v. Tamatha DEVER; Honorable A. Thomas Davis, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

June 25, 2009.

Attorney(s) appearing for the Case

Brian T. Gannon, Fulton & Devlin, Louisville, KY, for Appellant, Vacuum Depositing, Inc.

Dana Taylor Skaggs, Louisville, KY, for Appellee, Tamatha Dever.

OPINION OF THE COURT

An Administrative Law Judge (ALJ) dismissed the claimant's application for benefits, having found that evidence she was "clumsy" and wearing high heels at the time of a workplace fall rebutted the presumption it was work-related and that the weight of reliable evidence showed it did not arise from her employment. The Workers' Compensation Board (Board) reversed and remanded on the ground that the ALJ misapplied the law. The Court of Appeals...

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