Workers Compensation: ABBOTT LABORATORIES V. SMITH (COA 7/26/2006)

ABBOTT LABORATORIES V. SMITH
WORKERS COMP: 
2005-CA-002546
TO BE PUBLISHED 
AFFIRMING (JOHNSON)
Date Rendered:  7/26/2006

Abbott Laboratories has appealed from the opinion of the Workers’ Compensation Board which affirmed the Administrative Law Judge’s opinion and order concluding that Rick D. Smith died in a work-related motor vehicle accident, and that his wife, Barrett Smith, was entitled to death benefits and unpaid medical benefits under KRS2 342.750.

COA affirmed having concluded that the Board did not overlook or misconstrue controlling statutes or case law, or flagrantly err in assessing the evidence so as to cause gross injustice.