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Laws-info.com » Cases » Kentucky » Supreme Court » 2008 » EDIE M. SIMPSON V. FRANKLIN INSURANCE AGENCY, INC., ET AL.
EDIE M. SIMPSON V. FRANKLIN INSURANCE AGENCY, INC., ET AL.
State: Kentucky
Court: Supreme Court
Docket No: 2007-SC-000914-WC
Case Date: 11/26/2008
Plaintiff: EDIE M. SIMPSON
Defendant: FRANKLIN INSURANCE AGENCY, INC., ET AL.
Preview:IMPORTANT NOTICE NOT TO BE PUBLISHED OPINION
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED ." PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28(4)(C), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS BINDING PRECEDENT IN ANY OTHER CASE IN ANY COURT OF THIS STATE; HOWEVER, UNPUBLISHED KENTUCKY APPELLATE DECISIONS, RENDERED AFTER JANUARY l, 2003, MAY BE CITED FOR CONSIDERATION BY THE COURT IF THERE IS NO PUBLISHED OPINION THAT WOULD ADEQUATELY ADDRESS THE ISSUE BEFORE THE COURT. OPINIONS CITED FOR CONSIDERATION BY THE COURT SHALL BE SET OUT AS AN UNPUBLISHED DECISION IN THE FILED DOCUMENT AND A COPY OF THE ENTIRE DECISION SHALL BE TENDERED ALONG WITH THE DOCUMENT TO THE COURT AND ALL PARTIES TO THE ACTION.

RENDERED : NOVEMBER 26, 2008 NOT TO BE PUBLISHED
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2007-SC-000748-WC

FRANKLIN INSURANCE AGENCY, INC . ON APPEAL FROM COURT OF APPEALS CASE NO . 2007-CA-000578-WC WORKERS' COMPENSATION BOARD NO . 01-95574

APPELLANT

V.

EDIE M. SIMPSON ; HONORABLE JOHN B. COLEMAN, ADMINISTRATIVE LAW JUDGE; AND WORKERS' COMPENSATION BOARD AND 2007-SC-000914-WC

APPELLEES

EDIE M. SIMPSON

CROSS-APPELLANT

V.

ON APPEAL FROM COURT OF APPEALS CASE NO . 2007-CA-000578-WC WORKERS' COMPENSATION BOARD NO . 01-95574

FRANKLIN INSURANCE AGENCY, INC. ; HONORABLE JOHN B . COLEMAN, ADMINISTRATIVE LAW JUDGE; AND WORKERS' COMPENSATION BOARD

CROSS-APPELLEES

MEMORANDUM OPINION OF THE COURT AFFIRMING An Administrative Law Judge (ALJ) found that the claimant was partially disabled by a work-related back injury and resulting psychiatric condition but dismissed her claims that bladder, sexual, and bowel dysfunction resulted from nerve damage due to the injury. A majority of the Workers' Compensation Board (Board) affirmed . The Court of Appeals reversed and remanded for further proceedings insofar as the ALJ failed to state reasons for failing to rely on uncontradicted medical evidence that the bladder and sexual dysfunction were work-related. Appealing, the employer asserts that the evidence of causation was not unrebutted, that the ALJ explained his reasons for dismissing the claims, and that substantial evidence supported the decision. The claimant asserts that the ALJ erred by failing to state a proper basis for failing to rely on unrebutted medical evidence of causation .' In a cross-appeal, she asserts that unrebutted medical evidence supports a finding that her bowel condition is work-related and also that the evidence as a whole compels a finding of total disability. We affirm for the reasons stated herein . The claimant was born in 1961, completed high school, obtained an
Collins v . Castleton Farms, Inc. , 560 S .W.2d 830, 831 (Ky. App. 1977) (quoting 3 A. Larson, Workmen's Compensation Law,
Download 2007-sc-000914-wc.pdf

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