Legal Opinion · Dissent
Newberg v. Armour Food Co.
Kentucky Supreme Court
Decided June 25, 1992No. 92-SC-62-WCPublished
1DissentLambert, Justice
I dissent from the majority opinion and would affirm the Court of Appeals. Writ*176ing for the Workers’ Compensation Board, Board Member Miller precisely analyzed this case and I adopt his views:
“The AU’s finding and conclusion are inconsistent within themselves. To conclude that a predisposition does not equate with an abnormality is merely bandying with semantics, i.e., a difference without a distinction. Here, the AU found that uniformly the medical evidence was to the effect that Travel-stead had a predisposition to carpal tunnel syndrome. While it could not be objectively demonstrated,…
2Cases cited2 opinions
- Yocom v. JacksonCourt of Appeals of Kentucky · 1977
- Commonwealth, Murray State University v. Workers' Compensation Board of KentuckyCourt of Appeals of Kentucky · 1985