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TRANSPORT ASSOCIATES v. BUTLER

No. 94-SC-484-WC.

892 S.W.2d 296 (1995)

TRANSPORT ASSOCIATES, Appellant, v. Paul M. BUTLER; Robert L. Whittaker, Acting Director of Special Fund; Richard Campbell, Jr., Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

February 16, 1995.

Attorney(s) appearing for the Case

William P. Swain, Douglas A. U'Sellis, Boehl, Stopher & Graves, Louisville, for appellant.

Gary S. Logsdon, Jefferson V. Layson, III, Brownsville, for appellee Butler.

Joel D. Zakem, Labor Cabinet — Special Fund, Louisville, for appellee Whittaker.

OPINION OF THE COURT

Claimant, a truck driver, injured his back while lifting an ink drum at work on January 10, 1990. Thereafter, he complained of leg and back pain. His family physician, Dr. McClure, diagnosed a muscle strain and referred him to Dr. Hubbard, an orthopedic surgeon. Dr. Hubbard diagnosed the condition as a temporary muscle spasm and recommended that claimant return to work. When he examined claimant, in January, 1990, he did not believe that claimant...

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