TRAVELERS INS. CO. v. DUVALL

Nos. 94-SC-45-WC, 94-SC-67-WC and 94-SC-68-WC.

884 S.W.2d 665 (1994)

The TRAVELERS INSURANCE COMPANY, Appellant, v. Ricky L. DUVALL; Workers' Compensation Board; Thomas Nanney, Administrative Law Judge; Gary Emerine (d/b/a West Kentucky Paving and Contracting Co.); Ralph Emerine; Emerine Construction Company; Special Fund; and Uninsured Employers' Fund, Appellees, and Ricky L. DUVALL, Cross-Appellant, v. UNINSURED EMPLOYERS' FUND, Cross-Appellee, and Gary EMERINE (d/b/a West Kentucky Paving and Contracting Co.); Ralph Emerine; and Emerine Construction Company, Cross-Appellants, v. The TRAVELERS INSURANCE COMPANY; Ricky L. Duvall; Workers' Compensation Board; Thomas Nanney, Administrative Law Judge; Special Fund; and Uninsured Employers' Fund, Cross-Appellees.

Supreme Court of Kentucky.

September 29, 1994.


Attorney(s) appearing for the Case

Michael W. Alvey, Sheffer, Hoffman, Tomason & Morton, Owensboro, for the Travelers Ins. Co.

Craig Housman, Paducah, for Ricky L. Duvall.

Rodger W. Lofton, Paducah, for Gary Emerine, etc., Ralph Emerine and Emerine Const. Co.

David Randall Allen, Labor Cabinet — Special Fund, Louisville, for Special Fund.

Dana C. Stinson, Asst. Atty. Gen., Frankfort, for Uninsured Employers' Fund.


OPINION OF THE COURT

Travelers Insurance Company appeals from a decision of the Court of Appeals on the grounds that it incorrectly applied the provision of KRS 342.340(2).1 The version of KRS 342.340(2) in effect at the time of the injury in this case provided as follows:

. . . every insurance carrier or group self-insurance association shall in like manner notify the workers' compensation board upon the cancellation of any...

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