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GREG'S CONST. v. KEETON

No. 2011-SC-000605-WC.

385 S.W.3d 420 (2012)

GREG'S CONSTRUCTION, Appellant, v. Jerry KEETON; Johnson Floyd Coal Company; Miller Brothers Coal Company; Apostle Fuels; Honorable Otto Daniel Wolff, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Rehearing Denied November 21, 2012.

Attorney(s) appearing for the Case

Ronald Jude Pohl , Erik Shane Branham , Pohl, Kiser & Aubrey, P.S.C., Lexington, KY, Counsel for Appellant, Greg's Construction.

Charles P. Wheeler, Jr. , Kirk Law Firm, Pikeville, KY, Counsel for Appellee, Jerry Keeton.

James Gregory Allen , Katherine Michelle Banks , Riley & Allen, P.S.C., Prestonsburg, KY, Counsel for Appellee, Johnson Floyd Coal Company.

Jeffrey Dale Damron , Sarah Kathryn McGuire , Baird & Baird, P.S.C., Pikeville, KY, Counsel for Appellee, Miller Brothers Coal Company.

Terri Smith Walters , Jones, Walters, Turner & Shelton, PLLC, Pikeville, KY, Counsel for Appellee, Apostle Fuels.

OPINION OF THE COURT

An Administrative Law Judge (ALJ) determined that the claimant sustained a work-related hearing loss and that KRS 342.7305(4) placed the entire liability for income and medical benefits on Greg's Construction, the employer with whom the claimant was last injuriously exposed to hazardous noise. The Workers' Compensation Board and the Court of Appeals affirmed.

Appealing, Greg's argues that the claimant failed to prove an injury attributable...

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