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LAWSON v. TOYOTA MOTOR MFG., KENTUCKY, INC.

No. 2009-SC-000767-WC.

330 S.W.3d 452 (2010)

Stephanie LAWSON, Appellant, v. TOYOTA MOTOR MANUFACTURING, KENTUCKY, INC.; Honorable John W. Thacker, Administrative Law Judge; Honorable Joseph W. Justice, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

December 16, 2010.

Attorney(s) appearing for the Case

Charles William Gorham , Lexington, KY, Counsel for Appellant, Stephanie Lawson.

H. Douglas Jones , Kenneth J. Dietz , Jones Dietz, PLLC, Florence, KY, Counsel for Appellee, Toyota Motor Manufacturing, Kentucky, Inc.

Peter J. Naake , Louisville, KY, Counsel for Amicus Curiae, Kentucky Chapter of American Federation of Labor and Congress of Industrial Organizations (AFL-CIO).

Bradley Dale Hamblin, Jr. , Department of Workers' Claims, Office of General Counsel, Frankfort, KY, Counsel for Amicus Curiae, Department of Workers' Claims.

OPINION OF THE COURT

This appeal concerns a motion in which the claimant requested post-award temporary total disability (TTD) benefits prospectively, for the recovery period following a surgery that had been pre-authorized.

An Administrative Law Judge (ALJ) denied the motion based on a finding that the surgery was non-compensable because it was unreasonable and unnecessary. The Workers' Compensation Board (Board) reversed and remanded with respect to the...

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