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FISCHER PACKING CO. v. LANHAM

Nos. 90-SC-481-WC, 90-SC-482-WC.

804 S.W.2d 4 (1991)

FISCHER PACKING COMPANY, Appellant, v. James D. LANHAM; Special Fund; Thomas A. Nanney, Administrative Law Judge; and Workers' Compensation Board, Appellees. Larry D. BEALE, Director of Special Fund, Appellant. v. James D. LANHAM; Fischer Packing Company; Thomas A. Nanney, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

February 14, 1991.

Attorney(s) appearing for the Case

Mary Jo Wetzel, Woodward, Hobson & Fulton, Louisville, for Fischer Packing Co.

Martin F. Sullivan, Jr., Louisville, for James D. Lanham.

Denis S. Kline, Labor Cabinet, Louisville, for Larry D. Beale, Director of Special Fund.

OPINION OF THE COURT

This consolidated appeal raises several issues in the context of a motion to reopen a workers' compensation claim.

The claimant suffered a back injury on December 10, 1980, while employed by Fischer Packing Company. Although alleging total disability, the Workers' Compensation Board found that claimant was 50% disabled due to the occupational injury. Liability was apportioned ½ against the employer and ½ against the Special...

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