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NEWBERG v. DAVIS

Nos. 91-SC-582-WC, 91-SC-618-WC.

841 S.W.2d 164 (1992)

Vicki G. NEWBERG, Acting Director of Special Fund, Appellant, v. Aze (Ace) DAVIS; Kay & Kay Construction; Ronald W. May, Administrative Law Judge; and Workers' Compensation Board, Appellees. KAY & KAY CONSTRUCTION, Appellant, v. Aze (Ace) DAVIS; Vicki G. Newberg, Acting Director of Special Fund; Ronald W. May, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

As Modified November 13, 1992.

Case Ordered Published by Supreme Court November 13, 1992.

Attorney(s) appearing for the Case

Mark C. Webster, Labor Cabinet-Special Fund, Louisville, for Vicki G. Newberg, Acting Director of the Special Fund.

Bennett Clark, Stoll, Keenon & Park, Lexington, for Kay & Kay Const.

Dennis L. Nagle, Cole, Cole & Anderson, P.S.C., Barbourville, for appellee Davis.

OPINION OF THE COURT

Aze Davis, a laborer, sustained a work-related injury to his back in November, 1977, while employed by Whitley Development Co. (Whitley). The claim was settled for a lump-sum payment of $7,000, which represented a 4.6% permanent, partial occupational disability. This award was apportioned 50% to Whitley and 50% to the Special Fund. The settlement agreement was approved by the "old" Workers' Compensation Board.

After his Social Security...

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