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O'BRYAN v. ZIP EXP.

2020-SC-0262-WC.

636 S.W.3d 457 (2021)

Michael O'BRYAN, Appellant v. ZIP EXPRESS (Correctly Identified as Ramp Logistics, LLC); Commonwealth of Kentucky, ex rel. Daniel Cameron, Attorney General; Honorable Jonathan R. Weatherby, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

December 16, 2021.

Attorney(s) appearing for the Case

COUNSEL FOR APPELLANT: Derek P. O'Bryan , Louisville, Kentucky.

COUNSEL FOR APPELLEE: R. Christion Hutson , Whitlow, Roberts, Houston & Straub, PLLC, Paducah.

COUNSEL FOR APPELLEE, COMMONWEALTH OF KENTUCKY, EX REL. DANIEL CAMERON, ATTORNEY GENERAL: Matthew F. Kuhn , Brett R. Nolan , Alexander Y. Magera .

ADMINISTRATIVE LAW JUDGE: Jonathan R. Weatherby.

WORKERS' COMPENSATION BOARD: Michael W. Alvey , Chairman.

OPINION OF THE COURT

I. BACKGROUND

Michael O'Bryan was in an automobile accident in the course of his employment for Zip Express on June 11, 2015. He was sixty-five years of age at the time. O'Bryan sustained numerous injuries in the accident, leading to his disability. An administrative law judge (ALJ) found O'Bryan to be permanently totally disabled and awarded him benefits which would continue so long as he remained disabled.

Both O'Bryan and...

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