Beth-Elkhorn Corp. v. Epling

DAVIS, Commissioner.

At issue is whether the Workmen’s Compensation Board erred in failing to require appellee Epling to submit to surgery looking toward alleviating his total disability caused by a herniated disc. KRS 342.035 (2). The circuit court upheld the Board’s order denying the appellant’s motion that Epling be required to submit to the surgery.

The employer’s motion for an order requiring Epling to submit to surgery was not made until after the compensation claim had been submitted for decision. The Board’s award and attendant opinion did not advert to the motion to require submission…