Legal Opinion

Newberg v. Thomas Industries

Court of Appeals of Kentucky

Decided May 7, 1993No. 91-CA-002261-WCPublishedCited by 8 opinions

1Opinion of the Court

JOHNSON, Judge.

This is an appeal by the Special Fund from a decision of the Workers’ Compensation Board (Board) involving the construction of Kentucky Revised Statutes (KRS) 342.1202 which was enacted by a special session of the Legislature in 1987. The controversy is between the employer/appel-lee Thomas Industries and the Special Fund. The issue is whether cervical verta-brae (those in the neck) are part of a worker’s “back.” We hold that they are.

The case arises out of injuries to claimant Billy Bryant’s low back and neck occurring on June 23, 1987 and April 1988. The Administrative Law…

2Cases cited6 opinions

  1. Overnite Transportation Co. v. GaddisCourt of Appeals of Kentucky · 1990
  2. Wesley v. Board of Education of Nicholas CountyCourt of Appeals of Kentucky (pre-1976) · 1966
  3. Gilbert v. GreeneCourt of Appeals of Kentucky · 1919
  4. Revenue Cabinet v. JRS Data Systems, Inc.Court of Appeals of Kentucky · 1987
  5. Jonas Miller & Sons v. RisnerCourt of Appeals of Kentucky · 1966

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Hapney v. Rheem Manufacturing Co.Supreme Court of Arkansas · 2000
  2. Hapney v. Rheem Manufacturing Co.Supreme Court of Arkansas · 2000
  3. Wilson v. SKW Alloys, Inc.Court of Appeals of Kentucky · 1995
  4. Commonwealth, Cabinet for Human Resources, Interim Office of Health Planning & Certification v. Jewish Hospital Healthcare Services, Inc.Court of Appeals of Kentucky · 1996
  5. Smith v. Cardinal Construction Co.Kentucky Supreme Court · 2000

3 more not listed; retrieve them via the Exa API.

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