Legal Opinion

Phoenix Manufacturing Co. v. Johnson

Kentucky Supreme Court

Decided March 21, 2002No. 2001-SC-0218-WCPublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

The claimant injured the same area of her lower back in 1989 and in 1992 while working for the defendant-employer. She later settled the claims with the Special Fund and with the insurance carrier that covered the employer’s liability for each of the respective injuries, but after undergoing surgery for a herniated disc, she moved to reopen the claims. An Administrative Law Judge (ALJ) later determined that the claimant’s disability had increased since the settlement and had become total, that half of each injury was due to the arousal of a degenerative condition, and that…

2Cases cited7 opinions

  1. Western Baptist Hospital v. KellyKentucky Supreme Court · 1992
  2. Special Fund v. FrancisKentucky Supreme Court · 1986
  3. Derr Construction Co. v. BennettKentucky Supreme Court · 1994
  4. Campbell v. Sextet Mining Co.Kentucky Supreme Court · 1995
  5. Fleming v. WindchyKentucky Supreme Court · 1997

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3Cited by1 opinion

  1. Sears Roebuck & Co. v. DennisCourt of Appeals of Kentucky · 2004

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