CLAYTON HACKER AND EDMOND COLLETT v. LEECO, INC. (SETTLED); HON. ROBERT L. WHITAKER, DIRECTOR OF SPECIAL FUND; HON. SHEILA C. LOWTHER, CHIEF ADMINISTRATIVE LAW; WORKERS' COMPENSATION BOARD
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RENDERED:
NOVEMBER 3, 2000; 2:00 p.m.
NOT TO BE PUBLISHED
C ommonwealth O f K entucky
C ourt O f A ppeals
NO.
2000-CA-001492-WC
CLAYTON HACKER AND
EDMOND COLLETT
APPELLANTS
PETITION FOR REVIEW OF A DECISION
OF THE WORKERS' COMPENSATION BOARD
ACTION NO. WC-92-10807
v.
LEECO, INC. (SETTLED);
HON. ROBERT L. WHITAKER,
DIRECTOR OF SPECIAL FUND;
HON. SHEILA C. LOWTHER,
CHIEF ADMINISTRATIVE LAW;
WORKERS’ COMPENSATION BOARD
APPELLEES
OPINION
AFFIRMING
** ** ** ** **
BEFORE:
McANULTY, MILLER, AND TACKETT, JUDGES.
MILLER, JUDGE:
Clayton Hacker and Edmond Collett asks us to
review an opinion rendered May 19, 2000, by the Workers'
Compensation Board.
We affirm.
The issue in this appeal is whether Kentucky Revised
Statutes (KRS) 342.320(2)(a) as amended in 1996 is
unconstitutional.
This issue has been recently decided by the
Kentucky Supreme Court in Daub v. Baker Concrete, Ky., 25 S.W.3d
124 (2000).
Therein, the Court held that KRS 342.320(2)(a) was,
indeed, constitutional.
We view Daub as dispositive and likewise
conclude that KRS 342.320(2)(a) is constitutional.
For the foregoing reasons, the opinion of the Workers'
Compensation Board is affirmed.
ALL CONCUR.
BRIEF FOR APPELLANT:
BRIEF FOR APPELLEE, SPECIAL
FUND:
Edmond Collett
Hyden, Kentucky
John Burrell
Frankfort, Kentucky
-2-
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