Cepero v. Fabricated Metals Corp.

Dissenting Opinion by

Justice WINTERSHEIMER.

I must respectfully dissent from the majority opinion because the award of the Administrative Law Judge was supported by substantial evidence and it should not have been disturbed on appeal. The decision of the ALJ was reversed by the Workers’ Compensation Board and that reversal was affirmed by an opinion of a panel of the Court of Appeals.

If the decision of the ALJ is supported by any substantial evidence of probative value, it may not be reversed on appeal. Special Fund v. Francis, Ky., 708 S.W.2d 641 (1986); Newberg v. Armour Food Co., Ky., 834…