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KY. ASSOCIATED GEN. CONTRACTORS v. LOWTHER

No. 2010-SC-000114-DG.

330 S.W.3d 456 (2010)

KENTUCKY ASSOCIATED GENERAL CONTRACTORS SELF-INSURANCE FUND, Appellant, v. Sheila LOWTHER, Administrative Law Judge; Dwight T. Lovan, Commissioner, Department of Workers' Claims (Previously, Philip A. Harmon, Acting Executive Director); and Department of Workers' Claims, Appellees.

Supreme Court of Kentucky.

Reconsider Denied March 1, 2011.

Attorney(s) appearing for the Case

Douglas Anthony U'Sellis , Richard Edwin Neal , U'Sellis & Kitchen, PSC, Louisville, KY, Counsel for Appellant, Kentucky Associated General Contractors Self-Insurance Fund.

Bradley Dale Hamblin, Jr. , Sheila Carroll Lowther , Dwight Taylor Lovan , Department of Workers' Claims, Frankfort, KY, Counsel for Appellees, Sheila Lowther , Administrative Law Judge; Dwight T. Lovan , Commissioner, Department of Workers' Claims (Previously, Philip A. Harmon , Acting Executive Director); and Department of Workers' Claims.

OPINION OF THE COURT.

A divided Court of Appeals affirmed the Franklin Circuit Court, which affirmed an Administrative Law Judge's decision to uphold a $10,000.00 fine imposed on the employer's insurance carrier, Kentucky Associated General Contractors Self-Insurance Fund (KAGC), and the carrier's third-party administrator, Ladegast and Heffner Claims Service, Inc. (Ladegast). The fine was based on two unfair claims settlement practices, the employer's failure to...

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