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SPURLIN v. BROOKS

Nos. 96-SC-434-WC, 96-SC-445-WC, 96-SC-460-WC.

952 S.W.2d 687 (1997)

Robert E. SPURLIN, Director of Special Fund, Appellant, v. Herbert BROOKS; Whayne Supply Company; Whayne Supply Company (As Insured by Gab Services, Inc.); Whayne Supply Company (As Insured by Liberty Mutual Insurance Group); Thomas A. Dockter, Administrative Law Judge; and Workers' Compensation Board, Appellees. WHAYNE SUPPLY COMPANY (As Insured by Liberty Mutual Insurance Group), Appellant, v. Herbert BROOKS; Whayne Supply Company (As Insured by Gab Services, Inc.); Robert E. Spurlin, Director of Special Fund; Thomas A. Docter, Administrative Law Judge; and Workers' Compensation Board, Appellees. WHAYNE SUPPLY COMPANY (As Insured by Gab Services, Inc.), Appellant, v. Herbert BROOKS; Whayne Supply Company (As Insured by Liberty Mutual Insurance Group); Robert E. Spurlin, Director of Special Fund; Thomas A. Dockter, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Rehearing Denied October 30, 1997.

Attorney(s) appearing for the Case

Judith K. Bartholomew, Appellate Attorney, Louisville, for Special Fund.

Michael Fleet Johnson, Clark & Johnson, Pikeville, for Herbert Brooks.

William S. Kendrick, Francis, Kendrick & Francis, Prestonsburg, for Whayne Supply Co.

John Harlan Callis, III, Deron L. Johnson, Boehl, Stopher & Graves, Prestonsburg, for Whayne Supply Co. (As Insured by Gab Services, Inc.).

Penelope R. Justice, Ronald L. Lester, Robinette and Associates, Pikeville, for Whayne Supply Co. (As Insured by Liberty Mutual Insurance Group).

Thomas A. Dockter, Administrative Law Judge, Louisville, for Thomas A. Dockter.

Walter W. Turner, Commissioner, Department of Workers' Claims, Frankfort, for Workers' Compensation Board.

STUMBO, Justice.

In January 1986, claimant injured his lower back at work. After undergoing surgery, he returned to work in March 1987, but continued to have problems with his back which caused intermittent periods of temporary, total disability. Then, in November 1990, claimant again injured his back and became unable to return to work. Workers' compensation claims were filed for the two injuries and consolidated. The employer was insured by Liberty Mutual Insurance...

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