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2015-58106

Commonwealth of Kentucky Workers’ Compensation Board OPINION ENTERED: May 18, 2018 CLAIM NO. 201558106 RAY FITCH PETITIONER VS. APPEAL FROM HON. JONATHAN R. WEATHERBY, ADMINISTRATIVE LAW JUDGE LARRY MELTON/ CIRCLE T RESTAURANT; BULAN MEAT; AND HON. JONATHAN R. WEATHERBY, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING IN PART VACATING IN PART AND REMANDING * * * * * * BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members. RECHTER, Member

2013-64729

Commonwealth of Kentucky Workers’ Compensation Board OPINION ENTERED: May 18, 2018 CLAIM NO. 201364729 TERRY ADAMS PETITIONER VS. APPEAL FROM HON. CHRIS DAVIS, ADMINISTRATIVE LAW JUDGE EXCEL MINING, LLC AND HON. CHRIS DAVIS, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING IN PART VACATING IN PART AND REMANDING * * * * * * BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members. RECHTER, Member

2016-69016

Commonwealth of Kentucky Workers’ Compensation Board OPINION ENTERED: May 18, 2018 CLAIM NO. 201669016 CTA ACOUSTICS, INC. PETITIONER VS. APPEAL FROM HON. JONATHAN R. WEATHERBY, ADMINISTRATIVE LAW JUDGE BARBARA MCDANIEL and HON. JONATHAN R. WEATHERBY, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING * * * * * * BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members. STIVERS, Member

2015-78344

Commonwealth of Kentucky Workers’ Compensation Board OPINION ENTERED: May 18, 2018 CLAIM NO. 201578344 HAYDEN YANCEY PETITIONER VS. APPEAL FROM HON. GRANT S. ROARK, ADMINISTRATIVE LAW JUDGE DUGAN & MEYERS CONSTRUCTION CO. and HON. GRANT S. ROARK, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING * * * * * * BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members. STIVERS, Member

2013-64261

Commonwealth of Kentucky Workers’ Compensation Board OPINION ENTERED: May 18, 2018 CLAIM NO. 201364261 CRITTENDEN COUNTY FISCAL COURT PETITIONER VS. APPEAL FROM HON. JEFF V. LAYSON, ADMINISTRATIVE LAW JUDGE SAM HODGE and HON. JEFF V. LAYSON, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING * * * * * * BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members. STIVERS, Member

2013-00665

Commonwealth of Kentucky Workers’ Compensation Board OPINION ENTERED: May 18, 2018 CLAIM NO. 201300665 FORD MOTOR COMPANY PETITIONER VS. APPEAL FROM HON. CHRISTINA D. HAJJAR, ADMINISTRATIVE LAW JUDGE ANNETTE SHARP-NAYYAR and HON. CHRISTINA D. HAJJAR, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING * * * * * * BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members. STIVERS, Member

2016-00561

Commonwealth of Kentucky Workers’ Compensation Board OPINION ENTERED: May 18, 2018 CLAIM NO. 201600561 JENNIFER CREAGER PETITIONER VS. APPEAL FROM HON. TANYA PULLIN, ADMINISTRATIVE LAW JUDGE FORD MOTOR COMPANY (LAP) AND HON. TANYA PULLIN, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING * * * * * * BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members. ALVEY, Chairman

2015-95827

Commonwealth of Kentucky Workers’ Compensation Board OPINION ENTERED: May 18, 2018 CLAIM NO. 201595827 MARY HARRIS AND JOHNNIE TURNER PETITIONER VS. APPEAL FROM HON. JONATHAN R. WEATHERBY, ADMINISTRATIVE LAW JUDGE HARLAN CITY SCHOOL ASSOC. AND HON. JONATHAN R. WEATHERBY, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING IN PART, VACATING IN PART & REMANDING * * * * * * BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members. ALVEY, Chairman

2015-68092

Commonwealth of Kentucky Workers’ Compensation Board OPINION ENTERED: May 18, 2018 CLAIM NO. 201568092 COMMUNITY NEWSPAPER HOLDINGS PETITIONER VS. APPEAL FROM HON. R. ROLAND CASE, ADMINISTRATIVE LAW JUDGE TABATHA HART AND HON. R. ROLAND CASE, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING * * * * * * BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members. ALVEY, Chairman

2016-96509

Commonwealth of Kentucky Workers’ Compensation Board OPINION ENTERED: May 11, 2018 CLAIM NO. 201696509 CCI INDUSTRIAL SERVICES PETITIONER VS. APPEAL FROM HON. RICHARD E. NEAL, ADMINISTRATIVE LAW JUDGE ANTHONY TUCKER AND HON. RICHARD E. NEAL, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING * * * * * * BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members. RECHTER, Member

2016-70366

Commonwealth of Kentucky Workers’ Compensation Board OPINION ENTERED: May 11, 2018 CLAIM NO. 201670366 MICHAEL STAMPER PETITIONER VS. APPEAL FROM HON. GRANT S. ROARK, ADMINISTRATIVE LAW JUDGE OKONITE COMPANY, INC. and HON. GRANT S. ROARK, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING IN PART, VACATING IN PART, AND REMANDING * * * * * * BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members. STIVERS, Member

2012-60344

Commonwealth of Kentucky Workers’ Compensation Board OPINION ENTERED: May 11, 2018 CLAIM NO. 201260344 ERRON BENSON PETITIONER VS. APPEAL FROM HON. JONATHAN R. WEATHERBY, ADMINISTRATIVE LAW JUDGE JEFFERSON COUNTY PUBLIC SCHOOLS and HON. JONATHAN R. WEATHERBY, ADMINISTRATIVE LAW JUDGE RESPONDENTS AND JEFFERSON COUNTY PUBLIC SCHOOLS PETITIONER VS. ERRON BENSON and HON. JONATHAN R. WEATHERBY, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING IN PART, VACATING IN PART & REMANDING * * * * * * BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members. ALVEY, Chairman

2015-73950

Commonwealth of Kentucky Workers’ Compensation Board OPINION ENTERED: May 11, 2018 CLAIM NO. 201573950 EVELYN EAGLE PETITIONER VS. APPEAL FROM HON. MONICA RICE-SMITH, ADMINISTRATIVE LAW JUDGE SOURCEHOV HOLDING, INC. and HON. MONICA RICE-SMITH, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING IN PART, VACATING IN PART, AND REMANDING * * * * * * BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members. STIVERS, Member

2014-60488

Commonwealth of Kentucky Workers’ Compensation Board OPINION ENTERED: May 11, 2018 CLAIM NO. 201460488 FLOYD UNDERHILL PETITIONER VS. APPEAL FROM HON. TANYA PULLIN, ADMINISTRATIVE LAW JUDGE MERS, INC. AND HON. TANYA PULLIN, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING * * * * * * BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members. ALVEY, Chairman

2014-01880

Commonwealth of Kentucky Workers’ Compensation Board OPINION ENTERED: May 11, 2018 CLAIM NO. 201401880 AGI TRANSPORTATION INC. PETITIONER VS. APPEAL FROM HON. JOHN B. COLEMAN, ADMINISTRATIVE LAW JUDGE ORLANDO ADKINS AND HON. JOHN B. COLEMAN, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING * * * * * * BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members. ALVEY, Chairman

2016-02800

Commonwealth of Kentucky Workers’ Compensation Board OPINION ENTERED: May 4, 2018 CLAIM NOS. 201602800 & 201602798 STEVEN GRUNBAUM PETITIONER VS. APPEAL FROM HON. TANYA PULLIN, ADMINISTRATIVE LAW JUDGE WALSH-VINCI AND HON. TANYA PULLIN, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING * * * * * * BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members. RECHTER, Member

2014-99850

Commonwealth of Kentucky Workers’ Compensation Board OPINION ENTERED: May 4, 2018 CLAIM NO. 201499850 HEARTLAND CARES, INC. PETITIONER VS. APPEAL FROM HON. CHRIS DAVIS, ADMINISTRATIVE LAW JUDGE SANDRA SANDERS AND HON. CHRIS DAVIS, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING IN PART VACATING IN PART AND REMANDING * * * * * * BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members. RECHTER, Member

2014-00029

Commonwealth of Kentucky Workers’ Compensation Board OPINION ENTERED: May 4, 2018 CLAIM NO. 201400029 DARRELL MONYHAN PETITIONER VS. APPEAL FROM HON. R. ROLAND CASE, ADMINISTRATIVE LAW JUDGE DENNIS McGREGOR UNINSURED EMPLOYERS FUND AND HON. R. ROLAND CASE, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING * * * * * * BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members. RECHTER, Member

2017-00811

Commonwealth of Kentucky Workers’ Compensation Board OPINION ENTERED: May 4, 2018 CLAIM NO. 201700811 JEREMY COCHRAN PETITIONER VS. APPEAL FROM HON. R. ROLAND CASE, ADMINISTRATIVE LAW JUDGE REVELATION ENERGY, LLC KENTUCKY COAL FUND and HON. R. ROLAND CASE, ADMINISTRATIVE LAW JUDGE RESPONDENTS AND REVELATION ENERGY, LLC PETITIONER VS. JEREMY COCHRAN KENTUCKY CWP FUND and HON. R. ROLAND CASE, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING * * * * * * BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members. STIVERS, Member

2017-00751

Commonwealth of Kentucky Workers’ Compensation Board OPINION ENTERED: May 4, 2018 CLAIM NO. 201700751 STAR MINE SERVICES PETITIONER VS. APPEAL FROM HON. CHRISTINA D. HAJJAR, ADMINISTRATIVE LAW JUDGE KENNETH MARKHAM JR. and HON. CHRISTINA D. HAJJAR, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING IN PART, VACATING IN PART, AND REMANDING * * * * * * BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members. STIVERS, Member

2014-91253

Commonwealth of Kentucky Workers’ Compensation Board OPINION ENTERED: May 4, 2018 CLAIM NO. 201491253 HEATHER MORGAN PETITIONER VS. APPEAL FROM HON. JONATHAN R. WEATHERBY, ADMINISTRATIVE LAW JUDGE BLUEGRASS OAKWOOD INC. and HON. JONATHAN R. WEATHERBY, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION VACATING IN PART AND REMANDING * * * * * * BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members. STIVERS, Member

2014-58536

Commonwealth of Kentucky Workers’ Compensation Board OPINION ENTERED: May 4, 2018 CLAIM NO. 201458536 ARMSTRONG COAL COMPANY, INC. PETITIONER VS. APPEAL FROM HON. MONICA RICE-SMITH, ADMINISTRATIVE LAW JUDGE BRIAN PIPER and HON. MONICA RICE-SMITH, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION VACATING IN PART AND REMANDING * * * * * * BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members. STIVERS, Member

2017-00297

Commonwealth of Kentucky Workers’ Compensation Board OPINION ENTERED: May 4, 2018 CLAIM NO. 201700297 AISIN AUTOMOTIVE CASTING, LLC PETITIONER VS. APPEAL FROM HON. JONATHAN R. WEATHERBY, ADMINISTRATIVE LAW JUDGE HEATHER MCCOWAN and HON. JONATHAN R. WEATHERBY, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION VACATING IN PART & REMANDING * * * * * * BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members. ALVEY, Chairman

2013-69397

Commonwealth of Kentucky Workers’ Compensation Board OPINION ENTERED: May 4, 2018 CLAIM NO. 201369397 CARDINAL RIVER INC. PETITIONER VS. APPEAL FROM HON. MONICA RICE-SMITH, ADMINISTRATIVE LAW JUDGE JOSEPH SABO and HON. MONICA RICE-SMITH, ADMINISTRATIVE LAW JUDGE RESPONDENTS AND JOSEPH SABO PETITIONER VS. CARDINAL RIVER INC. and HON. MONICA RICE-SMITH, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING * * * * * * BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members. ALVEY, Chairman

2015-72964

Commonwealth of Kentucky Workers’ Compensation Board OPINION ENTERED: April 27, 2018 CLAIM NO. 201572964 PATRICK TURNER PETITIONER VS. APPEAL FROM HON. JANE RICE WILLIAMS, ADMINISTRATIVE LAW JUDGE RICKY BLEDSOE TRUCKING AND HON. JANE RICE WILLIAMS, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING IN PART VACATING IN PART AND REMANDING * * * * * * BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members. RECHTER, Member

2014-01537

Commonwealth of Kentucky Workers’ Compensation Board OPINION ENTERED: April 27, 2018 CLAIM NO. 201401537 CHARLES C. MORROW PETITIONER VS. APPEAL FROM HON. STEPHANIE L. KINNEY, ADMINISTRATIVE LAW JUDGE PGT TRUCKING AND HON. STEPHANIE L. KINNEY, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING * * * * * * BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members. RECHTER, Member

2016-65271

Commonwealth of Kentucky Workers’ Compensation Board OPINION ENTERED: April 27, 2018 CLAIM NO. 201665271 BETTY ROBINSON PETITIONER VS. APPEAL FROM HON. TANYA PULLIN, ADMINISTRATIVE LAW JUDGE KROGER and HON. TANYA PULLIN, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING * * * * * * BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members. STIVERS, Member

2015-01407

Commonwealth of Kentucky Workers’ Compensation Board OPINION ENTERED: April 27, 2018 CLAIM NO. 201501407 ROGER HALL PETITIONER VS. APPEAL FROM HON. CHRISTINA D. HAJJAR, ADMINISTRATIVE LAW JUDGE LETCHER COUNTY BOARD OF EDUCATION and HON. CHRISTINA D. HAJJAR, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION REVERSING AND REMANDING * * * * * * BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members. STIVERS, Member

2016-94963

Commonwealth of Kentucky Workers’ Compensation Board OPINION ENTERED: April 27, 2018 CLAIM NO. 201694963 FORD MOTOR COMPANY PETITIONER VS. APPEAL FROM HON. CHRIS DAVIS, ADMINISTRATIVE LAW JUDGE RYAN BANKS and HON. CHRIS DAVIS, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION VACATING IN PART & REMANDING * * * * * * BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members. ALVEY, Chairman

2016-64257

Commonwealth of Kentucky Workers’ Compensation Board OPINION ENTERED: April 27, 2018 CLAIM NO. 201664257 TOYOTA MOTOR MANUFACTURING KENTUCKY, INC. PETITIONER VS. APPEAL FROM HON. JANE RICE WILLIAMS, ADMINISTRATIVE LAW JUDGE ESTILL RICKERSON and HON. JANE RICE WILLIAMS, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING IN PART, VACATING IN PART & REMANDING * * * * * * BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members. ALVEY, Chairman

2016-01027

Commonwealth of Kentucky Workers’ Compensation Board OPINION ENTERED: April 27, 2018 CLAIM NO. 201601027 RODNEY LAWSON and JOHNNIE L. TURNER PETITIONER VS. APPEAL FROM HON. JOHN B. COLEMAN, ADMINISTRATIVE LAW JUDGE PARTON BROS. CONTRACTING, INC. and HON. JOHN B. COLEMAN, ADMINISTRATIVE LAW JUDGE, and ANDY BESHEAR, KY ATTORNEY GENERAL RESPONDENTS AND PARTON BROS. CONTRACTING, INC. PETITIONER VS. RODNEY LAWSON and HON. JOHN B. COLEMAN, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING * * * * * * BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members. ALVEY, Chairman

2017-CA-001328-WC

RENDERED: APRIL 27, 2018; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2017-CA-001328-WC our lady of the way hospital APPELLANT PETITION FOR REVIEW OF A DECISION v. OF THE WORKERS’ COMPENSATION BOARD ACTION NO. WC-98-59307 MARIE MILLER, HON. MONICA RICE-SMITH, ALJ and WORKERS’ COMPENSATION BOARD APPELLEES OPINION AFFIRMING IN PART, REVERSING IN PART, AND REMANDING ** ** ** ** ** BEFORE: ACREE, COMBS AND MAZE, JUDGES. COMBS, JUDGE

2017-CA-000015-WC

RENDERED: APRIL 27, 2018; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2017-CA-000015-WC raymond bryant APPELLANT PETITION FOR REVIEW OF A DECISION v. OF THE WORKERS’ COMPENSATION BOARD ACTION NO. wc-13-64322 JESSAMINE CAR CARE; HON. JOHN COLEMAN, ADMINISTRATIVE LAW JUDGE; WORKERS’ COMPENSATION BOARD APPELLEES AND CROSS-APPEAL NO. 2017-CA-000035-WC JESSAMINE CAR CARE CROSS-APPELLANT CROSS-PETITION FOR REVIEW OF A DECISION v. OF THE WORKERS’ COMPENSATION BOARD ACTION NO. wc-13-64322 RAYMOND BRYANT; HON. WILLIAM J. RUDLOFF; HON. JOHN COLEMAN, ADMINISTRATIVE LAW JUDGE; WORKERS’ COMPENSATION BOARD CROSS-APPELLEES OPINION AFFIRMING ** ** ** ** ** BEFORE: MAZE, Smallwood, AND TAYLOR, JUDGES. TAYLOR, JUDGE

2015-60244

Commonwealth of Kentucky Workers’ Compensation Board OPINION ENTERED: April 27, 2018 CLAIM NO. 201560244 DURAFLAME, INC. PETITIONER VS. APPEAL FROM HON. BRENT E. DYE, ADMINISTRATIVE LAW JUDGE DEBBIE HAMPTON and HON. BRENT E. DYE, ADMINISTRATIVE LAW JUDGE RESPONDENTS AND DEBRA HAMPTON CROSS-PETITIONER VS. WONDERFUEL DURAFLAME, EAST CROSS-RESPONDENT and HON. BRENT E. DYE, RESPONDENT OPINION AFFIRMING IN PART, VACATING IN PART, & REMANDING ON APPEAL, AND AFFIRMING ON CROSS-APPEAL * * * * * * BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members. STIVERS, Member

2017-00182

Commonwealth of Kentucky Workers’ Compensation Board OPINION ENTERED: April 20, 2018 CLAIM NOS. 201700182 & 201700181 JIMMY DUNN PETITIONER VS. APPEAL FROM HON. CHRISTINA HAJJAR, ADMINISTRATIVE LAW JUDGE BLUE DIAMOND COAL COMPANY AND HON. CHRISTINA HAJJAR, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING * * * * * * BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members. RECHTER, Member

2011-73481

Commonwealth of Kentucky Workers’ Compensation Board OPINION ENTERED: April 20, 2018 CLAIM NO. 201173481 SOUTHWIRE CO/KY ROD & CABLE PETITIONER VS. APPEAL FROM HON. JEANIE OWEN MILLER, ADMINISTRATIVE LAW JUDGE SHONDESE FRAZIER DR. SHILPI MITTAL and HON. JEANIE OWEN MILLER, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING * * * * * * BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members. STIVERS, Member

2016-76290

Commonwealth of Kentucky Workers’ Compensation Board OPINION ENTERED: April 20, 2018 CLAIM NO. 201676290 EAST BERNSTADT COOPERAGE, INC. PETITIONER VS. APPEAL FROM HON. JONATHAN R. WEATHERBY, ADMINISTRATIVE LAW JUDGE LINDA DARLENE STIGALL and HON. JONATHAN R. WEATHERBY, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING IN PART, VACATING IN PART & REMANDING * * * * * * BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members. ALVEY, Chairman

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