ROBERT L. WHITTAKER, DIRECTOR OF SPECIAL FUND v. GERALD BROWN; ROADWAY EXPRESS, INC.; DONALD G. SMITH, ADMINISTRATIVE LAW JUDGE; WORKERS' COMPENSATION BOARD and ROADWAY EXPRESS, INC. v. GERALD BROWN; ROBERT L. WHITTAKER, DIRECTOR OF SPECIAL FUND; DONALD G. SMITH, ADMINISTRATIVE LAW JUDGE; WORKERS' COMPENSATION BOARD
Annotate this Case
Download PDF
RENDERED: July 13, 2001; 2:00 p.m.
NOT TO BE PUBLISHED
C ommonwealth O f K entucky
C ourt O f A ppeals
NO.
2001-CA-000553-WC
ROBERT L. WHITTAKER,
DIRECTOR OF SPECIAL FUND
v.
APPELLANT
PETITION FOR REVIEW OF A DECISION
OF THE WORKERS' COMPENSATION BOARD
ACTION NOS. WC-87-33199 & WC-98-84753
GERALD BROWN; ROADWAY EXPRESS, INC.;
DONALD G. SMITH, ADMINISTRATIVE LAW JUDGE;
WORKERS' COMPENSATION BOARD
AND:
NO. 2001-CA-000704-WC
ROADWAY EXPRESS, INC.
v.
APPELLEES
CROSS-APPELLANT
CROSS-PETITION FOR REVIEW OF A DECISION
OF THE WORKERS' COMPENSATION BOARD
ACTION NOS. WC-87-33199 & WC-98-84753
GERALD BROWN; ROBERT L. WHITTAKER,
DIRECTOR OF SPECIAL FUND;
DONALD G. SMITH, ADMINISTRATIVE LAW JUDGE;
WORKERS' COMPENSATION BOARD
TO BE HEARD WITH:
NO. 2001-CA-000557-WC
CROSS-APPELLEES
ROADWAY EXPRESS, INC.
APPELLANT
PETITION FOR REVIEW OF A DECISION
OF THE WORKERS' COMPENSATION BOARD
ACTION NOS. WC-87-33199 & WC-98-84753
v.
GERALD BROWN; ROBERT L. WHITTAKER,
DIRECTOR OF SPECIAL FUND;
DONALD G. SMITH, ADMINISTRATIVE LAW JUDGE;
WORKERS' COMPENSATION BOARD
APPELLEES
OPINION
AFFIRMING IN PART AND
REVERSING AND REMANDING IN PART
** ** ** ** **
BEFORE:
JOHNSON, MILLER, AND SCHRODER, JUDGES.
MILLER, JUDGE:
Robert L. Whittaker, Director of Special Fund,
and Roadway Express, Inc. (Roadway) ask us to review an opinion
of the Workers' Compensation Board rendered February 14, 2001.
Kentucky Revised Statutes (KRS) 342.290.
We affirm in part and
reverse and remand in part.
Gerald Brown was an employee of Roadway.
In 1985,
during the course of his employment, he sustained an injury.
settled a claim for the injury with Board approval.
He
In 1997, he
sustained another injury, resulting in a new claim being filed.
After filing his new claim, he moved to re-open the 1985
settlement.
The two proceedings were consolidated.
Thereupon,
the Board rendered the opinion which we are asked to review.
-2-
We have considered the record herein, and reverse and
remand the Board's decision in the Special Fund's Appeal No.
2001-CA-000553-WC, so far as it imposes liability upon the
Special Fund growing out of Brown's 1997 injury.
KRS 342.120(2).
All other aspects of the opinion of the Board are
affirmed under the authority of Western Baptist Hospital v.
Kelly, Ky., 827 S.W.2d 685 (1992).
For the foregoing reasons, the opinion of the Workers'
Compensation Board is affirmed in part and reversed in part and
remanded in Appeal No. 2001-CA-000553-WC.
Appeal No. 2001-CA-
000557-WC and Cross-Appeal No. 2001-CA-000704-WC are affirmed.
SCHRODER, JUDGE, CONCURS.
JOHNSON, JUDGE, CONCURS IN RESULT ONLY.
BRIEFS FOR APPELLANT/CROSSAPPELLEE, ROBERT L. WHITTAKER,
DIRECTOR OF SPECIAL FUND:
BRIEF FOR APPELLEE, GERALD
BROWN:
Tamara Todd Cotton
Louisville, Kentucky
David R. Allen
Frankfort, Kentucky
BRIEF FOR CROSS-APPELLANT,
ROADWAY EXPRESS, INC.:
Christopher R. Jenkins
Lexington, Kentucky
-3-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
