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2010-CA-001825-WC

RENDERED: FEBRUARY 3, 2012; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2010-CA-001825-WC DONNA C. NAPIER AND BENNETT CLARK APPELLANTS PETITION FOR REVIEW OF A DECISION v. OF THE WORKERS’ COMPENSATION BOARD ACTION NO. WC-91-42996 ST. PAUL TRAVELERS; KENTUCKY INSURANCE GUARANTY ASSOCIATION; HON. JOSEPH JUSTICE, ADMINISTRATIVE LAW JUDGE; AND WORKERS’ COMPENSATION BOARD S AND NO. 2010-CA-001923-WC ST. PAUL TRAVELERS AND KENTUCKY INSURANCE GUARANTY ASSOCIATION (KIGA) CROSS-APPELLANTS CROSS-PETITION FOR REVIEW OF A DECISION v. OF THE WORKERS’ COMPENSATION BOARD ACTION NO. WC-91-42996 DONNA C. NAPIER; HON. JOSEPH W. JUSTICE, ADMINISTRATIVE LAW JUDGE; AND WORKERS’ COMPENSATION BOARD CROSS-S AND NO. 2010-CA-001995-WC KENTUCKY INSURANCE GUARANTY ASSOCIATION (KIGA) CROSS-APPELLANT CROSS-PETITION FOR REVIEW OF A DECISION v. OF THE WORKERS’ COMPENSATION BOARD ACTION NO. WC-91-42996 DONNA C. NAPIER; HON. JOSEPH W. JUSTICE, ADMINISTRATIVE LAW JUDGE; AND WORKERS’ COMPENSATION BOARD CROSS-S AFFIRMING IN PART, REVERSING IN PART, AND REMANDING ** ** ** ** ** BEFORE: COMBS, THOMPSON AND VANMETER, JUDGES. THOMPSON, JUDGE

2011-CA-000557-WC

RENDERED: FEBRUARY 3, 2012; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2011-CA-000557-WC CUMBERLAND RIVER COMPREHENSIVE CARE PETITION FOR REVIEW OF A DECISION v. OF THE WORKERS’ COMPENSATION BOARD ACTION NO. WC-09-01491 DEIDRE HACKER, DECEASED; JULIUS HACKER, ADMINISTRATOR; HON. JEANIE OWEN MILLER, ADMINISTRATIVE LAW JUDGE; AND WORKERS’ COMPENSATION BOARD S AFFIRMING ** ** ** ** ** BEFORE: DIXON, MOORE AND THOMPSON, JUDGES. THOMPSON, JUDGE

09-85977

OPINION ENTERED: January 27, 2012 CLAIM NO. 200985977 CARETENDERS HOME HEALTH PETITIONER VS. APPEAL FROM HON. CHRIS DAVIS, ADMINISTRATIVE LAW JUDGE SHARON GRIGSBY and HON. CHRIS DAVIS, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING * * * * * * BEFORE: ALVEY, Chairman, STIVERS and SMITH, Members. STIVERS, Member

10-90866

OPINION ENTERED: January 24, 2012 CLAIM NO. 201090866 PERRY COUNTY BOARD OF EDUCATION PETITIONER VS. APPEAL FROM HON. ROBERT L. SWISHER, ADMINISTRATIVE LAW JUDGE GARY COUCH and HON. ROBERT L. SWISHER, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING * * * * * * BEFORE: ALVEY, Chairman; STIVERS and SMITH, Members. ALVEY, Chairman

10-87835

OPINION ENTERED: January 24, 2012 CLAIM NO. 201087835 SCOTT HAIRE BUILDING AND REMODELING PETITIONER VS. APPEAL FROM HON. JOSEPH W. JUSTICE, ADMINISTRATIVE LAW JUDGE DEREK HOWARD and HON. JOSEPH W. JUSTICE, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING * * * * * * BEFORE: ALVEY, Chairman, STIVERS and SMITH, Members. STIVERS, Member

10-00298

OPINION ENTERED: January 23, 2012 CLAIM NO. 201000298 JACK COOPER TRANSPORT PETITIONER VS. APPEAL FROM HON. JAMES L. KERR, ADMINISTRATIVE LAW JUDGE JEFFREY THOMPSON and HON. JAMES L. KERR, ADMINISTRATIVE LAW JUDGE RESPONDENTS AND JEFFREY THOMPSON PETITIONER VS. JACK COOPER TRANSPORT and HON. JAMES L. KERR, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING IN PART, VACATING IN PART, AND REMANDING * * * * * * BEFORE: ALVEY, Chairman; STIVERS and SMITH, Members. ALVEY, Chairman

2010-CA-002061-WC

RENDERED: JANUARY 20, 2012; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2010-CA-002061-WC BACK CONSTRUCTION COMPANY, INC. APPELLANT PETITION FOR REVIEW OF A DECISION v. OF THE WORKERS’ COMPENSATION BOARD ACTION NO. WC-08-77367 MATTHEW ARCHER; HON. EDWARD D. HAYS, ADMINISTRATIVE LAW JUDGE; AND WORKERS’ COMPENSATION BOARD APPELLEES OPINION AFFIRMING ** ** ** ** ** BEFORE: DIXON AND NICKELL, JUDGES; SHAKE,[1] SENIOR JUDGE. NICKELL, JUDGE

83-05792

OPINION ENTERED: January 20, 2012 CLAIM NO. 198305792 DIXIE FUEL COMPANY (HARLAN CUMBERLAND COAL CO.) PETITIONER VS. APPEAL FROM HON. LAWRENCE F. SMITH, ADMINISTRATIVE LAW JUDGE JAMES A. BURGAN, UK HEALTHCARE, KY MEDICAL SERVICES, and HON. LAWRENCE F. SMITH, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING * * * * * * BEFORE: ALVEY, Chairman; STIVERS and SMITH, Members. ALVEY, Chairman

07-72699

OPINION ENTERED: January 20, 2012 CLAIM NO. 200772699 BRENDA K. ELKINS PETITIONER VS. APPEAL FROM HON. JOHN B. COLEMAN, ADMINISTRATIVE LAW JUDGE LKLP CAC, INC. and HON. JOHN B. COLEMAN, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING * * * * * * BEFORE: ALVEY, Chairman; STIVERS and SMITH, Members. ALVEY, Chairman

08-85167

OPINION ENTERED: January 20, 2012 CLAIM NO. 200885167 REPUBLIC SERVICES, INC. PETITIONER VS. APPEAL FROM HON. OTTO DANIEL WOLFF, IV, ADMINISTRATIVE LAW JUDGE ARTHUR GEHLER and HON. OTTO DANIEL WOLFF, IV ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING * * * * * * BEFORE: ALVEY, Chairman; STIVERS and SMITH, Members. STIVERS, Member

08-98349

OPINION ENTERED: January 20, 2012 CLAIM NO. 200898349 RHONDA GAIL BUSH PETITIONER VS. APPEAL FROM HON. LAWRENCE F. SMITH, ADMINISTRATIVE LAW JUDGE KENTUCKY RIVER MEDICAL CENTER HAZARD ARH PAIN MANAGEMENT CENTER DR. BALLARD WRIGHT and HON. LAWRENCE F. SMITH, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING IN PART, VACATING IN PART, AND REMANDING * * * * * * BEFORE: ALVEY, Chairman; STIVERS and SMITH, Members. STIVERS, Member

09-97634

OPINION ENTERED: January 19, 2012 CLAIM NO. 200997634 CHARLES EDWARD BRAIM PETITIONER VS. APPEAL FROM HON. JOSEPH W. JUSTICE, ADMINISTRATIVE LAW JUDGE KENTUCKY MOVING & STORAGE SERVICE and HON. JOSEPH W. JUSTICE, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION DISMISSING * * * * * * BEFORE: ALVEY, Chairman; STIVERS and SMITH, Members. ALVEY, Chairman

10-86654

OPINION ENTERED: January 19, 2012 CLAIM NO. 201086654 ESTILL COMBS PETITIONER VS. APPEAL FROM HON. J. LANDON OVERFIELD, CHIEF ADMINISTRATIVE LAW JUDGE ATS CONSTRUCTION and HON. J. LANDON OVERFIELD, CHIEF ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING IN PART, VACATING IN PART, AND REMANDING * * * * * * BEFORE: ALVEY, Chairman; STIVERS and SMITH, Members. STIVERS, Member

08-83522

OPINION ENTERED: January 19, 2012 CLAIM NO. 200883522 IMI PETITIONER VS. APPEAL FROM HON. EDWARD D. HAYS, ADMINISTRATIVE LAW JUDGE JERRY COY And EDWARD D. HAYS, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING * * * * * * BEFORE: ALVEY, Chairman, STIVERS and SMITH, Members. SMITH, Member

10-81696

OPINION ENTERED: January 17, 2012 CLAIM NO. 201081696 LEXINGTON FAYETTE URBAN COUNTY GOVERNMENT PETITIONER VS. APPEAL FROM HON. JAMES L. KERR, ADMINISTRATIVE LAW JUDGE SCOTT KELSEY and HON. JAMES L. KERR, ADMINISTRATIVE LAW JUDGE RESPONDENTS AND SCOTT KELSEY PETITIONER VS. LFUCG and HON. JAMES L. KERR, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING IN PART, DISMISSING IN PART, AND VACATING IN PART & REMANDING * * * * * * BEFORE: ALVEY, Chairman; STIVERS and SMITH, Members. ALVEY, Chairman

2011-CA-000272

RENDERED: JANUARY 13, 2012; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2011-CA-000272-WC COMMONEALTH OF KENTUCKY, UNINSURED EMPLOYERS’ FUND APPELLANT PETITION FOR REVIEW OF A DECISION v. OF THE WORKERS’ COMPENSATION BOARD ACTION NO. WC-03-80366 CHRISTOPHER ALLEN (SAM AN TONIO’S); TMG STAFFING SERVICES; CRAWFORD AND COMPANY; HON. LAWRENCE F. SMITH, ADMINISTRATIVE LAW JUDGE; AND WORKERS’ COMPENSATION BOARD APPELLEES OPINION AFFIRMING ** ** ** ** ** BEFORE: KELLER, STUMBO, AND VANMETER, JUDGES. VANMETER, JUDGE

11-00282

OPINION ENTERED: January 13, 2012 CLAIM NO. 201100282 KIMBERLY HANIK PETITIONER VS. APPEAL FROM HON. R. SCOTT BORDERS, ADMINISTRATIVE LAW JUDGE CHRISTOPHER & BANKS, INC. and HON. R. SCOTT BORDERS, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION REVERSING AND REMANDING * * * * * * BEFORE: ALVEY, Chairman; STIVERS and SMITH, Members. STIVERS, Member

09-01302

OPINION ENTERED: January 9, 2012 CLAIM NO. 200901302 ROSHAWN BRYANT PETITIONER VS. APPEAL FROM HON. DOUGLAS W. GOTT, ADMINISTRATIVE LAW JUDGE AMAZON.COM SMX STAFFING and HON. DOUGLAS W. GOTT, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION AFFIRMING IN PART, AND VACATING AND REMANDING * * * * * * BEFORE: ALVEY, Chairman; STIVERS and SMITH, Members. STIVERS, Member

10-01019

OPINION ENTERED: January 9, 2012 CLAIM NO. 201001019 ROBINSON BARN BUILDERS PETITIONER VS. APPEAL FROM HON. ROBERT L. SWISHER, ADMINISTRATIVE LAW JUDGE JESUS MANUEL PEREZ RAMIREZ, BILLY ROBINSON, UNINSURED EMPLOYERS FUND, and HON. ROBERT L. SWISHER, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION DISMISSING * * * * * * BEFORE: ALVEY, Chairman; STIVERS and SMITH, Members. ALVEY, Chairman

10-00820

OPINION ENTERED: JANUARY 9, 2012 CLAIM NO. 201000820 MICHAEL JACKSON PETITIONER VS. APPEAL FROM HON. RICHARD JOINER, ADMINISTRATIVE LAW JUDGE R. ELSWICK TRUCKING COMPANY, LOUISVILLE PAVING COMPANY, JAMES LYNN D/B/A J. LYNN TRUCKING, UNINSURED EMPLOYER\'S FUND and HON. RICHARD JOINER, ADMINISTRATIVE LAW JUDGE RESPONDENTS OPINION VACATING AND REMANDING * * * * * * BEFORE: ALVEY, Chairman; STIVERS and SMITH, Members. ALVEY, Chairman

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