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Horton v. Union Light

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eBook details

  • Title: Horton v. Union Light
  • Author : Supreme Court of Kentucky
  • Release Date : January 11, 1985
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 62 KB

Description

Johnnie Ray Allen appeals a judgment from the Office of Workers Compensation denying him workers compensation, rehabilitation and medical benefits and penalties and attorney fees. Allen was injured in a work-related accident involving an industrial table saw and sustained cuts to the middle and ring fingers of his left hand. Dismissing the claim, the hearing officer found that Louisiana Wood Moulding Corporation, the employer, had met its burden of proving the affirmative defense under La. R.S. 23:1081(1)(c), which provides that "Into compensation shall be allowed for an injury caused. .. by the injured employees deliberate failure to use an adequate guard or protection against accident provided for him." Since we find that Allen took no deliberate action to discard a safety device or guard, we reverse the judgment of the hearing officer and render judgment for the applicable workers compensation remedies.


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