KENTUCKY RETIREMENT SYSTEMS v. BROWN

Nos. 2008-SC-000326-DG, 2008-SC-000898-DG, 2009-SC-000174-DG.

336 S.W.3d 8 (2011)

KENTUCKY RETIREMENT SYSTEMS, Appellant, v. Dillard Wayne BROWN (Individually and As Executor of the Estate of Barbara Faye Reed Brown, Deceased), Appellee. and Kentucky Retirement Systems, Appellant/Cross-Appellee, v. Tammy Sizemore, Appellee/Cross-Appellant.

Supreme Court of Kentucky.

March 24, 2011.


Attorney(s) appearing for the Case

Jennifer A. Jones , James Eric Wampler , Michael Todd Butler , Katherine I. Rupinen , Leigh Ann Jordan , Brian C. Thomas , Amy O'Nan Peabody , Frankfort, KY, Counsel for Appellant/Cross-Appellee, Kentucky Retirement Systems.

Joseph Hubert Mattingly, III , Mattingly, Nally-Martin, & Fowler, PLLC, Lebanon, KY, Counsel for Appellee, Dillard Wayne Brown.

Cordell Graham Martin , Salyersville, KY, Arden Winter Robertson Huff , Law Offices of John G. Prather, PSC, Somerset, KY, Counsel for Appellee/Cross-Appellant, Tammy Sizemore.


Opinion of the Court by Justice SCOTT.

This consolidated appeal primarily involves whether the Court of Appeals erred in holding that Appellee/Cross Appellant Tammy Sizemore (Sizemore) and Appellee, Barbara Faye Reed Brown1 (Brown) carried their burden to prove that their conditions did not pre-exist membership with the Kentucky Retirement Systems. Finding no error on this issue, we affirm. We likewise affirm the Court of Appeals on the...

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