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BASIN ENERGY CO. v. HOWARD

Nos. 2013-CA-001725-WC, 2013-CA-001798-WC.

447 S.W.3d 179 (2014)

BASIN ENERGY COMPANY, Appellant v. Timothy HOWARD; Terry L. Wright, M.D.; Hon. Jane Rice Williams, Administrative Law Judge; and Workers' Compensation Board, Appellees. Timothy Howard, Cross-Appellant v. Basin Energy Company; Terry L. Wright, M.D.; Hon. Jane Rice Williams, Administrative Law Judge; and Workers' Compensation Board, Cross-Appellees.

Court of Appeals of Kentucky.

August 8, 2014.

Attorney(s) appearing for the Case

W. Barry Lewis , Hazard, KY, for Appellant/Cross-Appellee, Basin Energy Company.

John Earl Hunt , Allen, KY, for Appellee/Cross-Appellant, Timothy Howard.

Eric M. Lamb , Louisville, KY, for Amicus Curiae Kentucky AFL-CIO.

Before JONES, MAZE, and MOORE, Judges.

OPINION

This appeal and cross-appeal arise out of the September 9, 2013, Opinion by the Workers' Compensation Board ("Board"). Therein, the Board sua sponte concluded that the Administrative Law Judge ("ALJ") lacked subject-matter jurisdiction over the medical dispute at issue, and that, in turn, it lacked jurisdiction...

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