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ZURICH AMERICAN INS. CO. v. BRIERLY

No. 96-SC-78-WC.

936 S.W.2d 561 (1997)

ZURICH AMERICAN INSURANCE COMPANY, Alusuisse Flexible Packaging, Appellants, v. Jeff BRIERLY, Administrator of the Estate of Paul Brierly, Deceased, Edward L. Fossett, Administrative Law Judge; Department of Workers' Claims and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Rehearing Denied January 30, 1997.

Attorney(s) appearing for the Case

Allan Weiss, Louisville, for appellant.

Fred E. Fischer, III, Mike Kelly, Louisville, for appellee.

Walter W. Turner, Valerie L. Salven, Workers' Compensation Board, Frankfort, for Workers' Compensation Board.

OPINION

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals reversing and remanding the opinion of the Workers' Compensation Board and remanding the findings of the Administrative Law Judge for reinstatement. The Board had reversed the order of the ALJ dismissing the workers' compensation claim for lack of jurisdiction so as to allow the claimant to proceed with a civil action.

The issue is whether the Department of Workers...

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