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PELLA CORP. v. BERNSTEIN

No. 2010-SC-000448-WC.

336 S.W.3d 451 (2011)

PELLA CORPORATION, Appellant, v. Joyce BERNSTEIN; Honorable Douglas W. Gott, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

April 21, 2011.

Attorney(s) appearing for the Case

Richard Christion Hutson , Whitlow, Roberts, Houston & Straub, PLLC, Paducah, KY, Counsel for Appellant, Pella Corporation.

Jeffery Roberts , Murray, KY, Counsel for Appellee, Joyce Bernstein.

OPINION OF THE COURT

An Administrative Law Judge (ALJ) found that the claimant was partially disabled by work-related injuries to her left shoulder and cervical and lumbar spine. Convinced that an ALJ had no authority to apportion the 10% impairment rating assigned to the "shoulders," "greater on the left than the right," the ALJ awarded income benefits only for the back injuries. Reversing in part and remanding, the Workers' Compensation Board held that the ALJ...

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