CLAUDETTE McGOWAN, Administratrix of the Estate of Winston D. McGowan v. FRUIT OF THE LOOM, INC.; HON. IRENE B. STEEN, Administrative Law Judge; and WORKERS' COMPENSATION BOARD
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RENDERED:
December 13, 1996; 2:00 p.m.
NOT TO BE PUBLISHED
NO. 96-CA-0534-WC
CLAUDETTE McGOWAN, Administratrix
of the Estate of Winston D. McGowan
APPELLANT
PETITION FOR REVIEW OF A DECISION
OF THE WORKERS' COMPENSATION BOARD
ACTION NO. WC-93-29993
FRUIT OF THE LOOM, INC.;
HON. IRENE B. STEEN,
Administrative Law Judge; and
WORKERS' COMPENSATION BOARD
APPELLEES
OPINION
AFFIRMING
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BEFORE:
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EMBERTON, MILLER, and SCHRODER, Judges.
MILLER, JUDGE.
Claudette McGowan, administratrix of the estate
of Winston D. McGowan, asks us to review an opinion of the
Workers' Compensation Board (board) rendered 26 January 1996.
Ky. Rev. Stat. (KRS) 342.290.
We affirm.
Appellant argues that the board erred in failing to
find upon the evidence that McGowan had sustained an injury of
appreciable proportions while in the employ of Fruit of the Loom,
Inc., thus resulting in an occupational disability as defined in
the Workers' Compensation Act.
KRS Chapter 342.
We have examined the evidence and are of the opinion
that the board was correct in rejecting McGowan's claim under the
authority of Special Fund v. Francis, Ky., 708 S.W.2d 641 (1986),
and Paramount Foods, Inc. v. Burkhardt, Ky., 695 S.W.2d 418
(1985).
Under the mandate of Western Baptist Hosp. v. Kelly,
Ky., 827 S.W.2d 685 (1992), we decline to reverse the decision of
the board.
For the foregoing reasons, the decision of the Workers'
Compensation Board is affirmed.
ALL CONCUR.
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BRIEF AND ORAL ARGUMENT
FOR APPELLANT/McGOWAN:
BRIEF AND ORAL ARGUMENT FOR
APPELLEE/FRUIT OF THE LOOM:
Joel R. Smith
Wilson & Smith Law Office
Jamestown, KY
Jefferson V. Layson III
Harned, Bachert & Denton
Bowling Green, KY
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