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HORNBACK v. HARDIN MEMORIAL HOSP.

No. 2012-SC-000195-WC.

411 S.W.3d 220 (2013)

Patricia HORNBACK, Appellant v. HARDIN MEMORIAL HOSPITAL; Honorable Caroline Pitt Clark, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing October 24, 2013.

Attorney(s) appearing for the Case

Christopher P. Evensen , Louisville, Counsel for Appellant.

Timothy Joe Walker , Mark Edward Yonts , Lexington, Counsel for Appellee Hardin Memorial Hospital.

Mary Michele Cecil , Owensboro, Counsel for Amicus Curiae, Kentucky Chapter of American Federation of Labor and Congress of Industrial Organizations.

OPINION OF THE COURT

Patricia Hornback requests this Court reverse an opinion of the Court of Appeals, which held that she was not entitled to an enhancement of her workers' compensation award pursuant to KRS 342.165(1), which penalizes an employer for an intentional failure to follow a safety protocol. She makes the following arguments on appeal: (1) that her employer, Hardin Memorial Hospital ("Hardin"), is barred from raising certain issues on appeal because...

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