MILLER v. EAST KY. BEVERAGE/PEPSICO, INC.

No. 96-SC-0516-WC.

951 S.W.2d 329 (1997)

Bobby MILLER, Appellant, v. EAST KENTUCKY BEVERAGE/PEPSICO, INC.; Hon. Lloyd R. Edens, Administrative Law Judge; Robert Spurlin, Director of Special Fund; and Workers Compensation Board, Appellees.

Supreme Court of Kentucky.

September 4, 1997.


Attorney(s) appearing for the Case

Miller Kent Carter, Branham & Carter, P.S.C., Pikeville, for Appellant.

Marcia L. Wireman, Jackson, for Appellee Pepsico.

Judith K. Bartholomew, Louisville, for Appellee Special Fund.


WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which affirmed a decision of the Workers' Compensation Board affirming the opinion of the Administrative Law Judge.

The questions presented are whether it is unconstitutional to allow the Board and the Commissioner not to have in place a set of guidelines or disability criteria by which the ALJs are to implement KRS 342.0011(11); whether the standard of review of substantial evidence...

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