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COM., UNINSURED EMPLOYERS' FUND v. ROGERS

No. 2011-SC-000335-WC.

396 S.W.3d 292 (2012)

COMMONWEALTH of Kentucky, UNINSURED EMPLOYERS' FUND, Appellant v. Jessie ROGERS, d/b/a Quality Exteriors; William Willis Ballard; Honorable Edward D. Hays, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Rehearing Denied October 25, 2012.

Attorney(s) appearing for the Case

Charles Davis Batson , Assistant Attorney General, Frankfort, KY, Counsel for Appellant, Commonwealth of Kentucky, Uninsured Employers' Fund.

Jessie Rogers , Bloomfield, KY, Counsel for Appellee, Jessie Rogers, d/b/a Quality Exteriors.

Ben Thomas Haydon, Jr. , Bardstown, KY, Counsel for Appellee, William Willis Ballard.

OPINION OF THE COURT

The Court of Appeals affirmed a decision in which the Workers' Compensation Board (Board) vacated the average weekly wage calculation because the record contained insufficient evidence to apply KRS 342.140(1)(e) properly. The Board then remanded the claim for further proceedings to include the taking of additional proof. Appealing, the Uninsured Employers' Fund (UEF) asserts that the Board exceeded...

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