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FORTNEY v. AIRTRAN AIRWAYS, INC.

No. 2009-SC-000429-WC.

319 S.W.3d 325 (2010)

Sarah FORTNEY, Administrator of the Estate of Clarence Fortney, Deceased; and Sarah Fortney, Guardian of Calvin Fortney, a Minor, Appellants, v. AIRTRAN AIRWAYS, INC.; Honorable John W. Thacker, Administrative Law Judge; And Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Rehearing Denied September 23, 2010.

Attorney(s) appearing for the Case

Scott Mitchell Miller , Priddy, Cutler, Miller & Meade, Louisville, KY, Counsel for Appellants, Sarah Fortney , Administrator of the Estate of Clarence Fortney, Deceased; and Sarah Fortney, Guardian of Calvin Fortney, a Minor.

Elizabeth S. Feamster , Matthew David Ellison , Fowler, Measle & Bell, LLP, Lexington, KY, Counsel for Appellee, Airtran Airways, Inc.

OPINION OF THE COURT

An Administrative Law Judge (ALJ) determined that Clarence Fortney's death in an airplane accident was not work-related because it occurred while he was traveling from his home to the city where he was based and failed to come within the "service to the employer," "employer operating premises/conveyance," or "positional risk" exception to the going and coming rule. The Workers' Compensation Board reversed, however, convinced that the evidence...

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