HAMILTON v. DESPARADO FUELS, INC.

Nos. 93-SC-484-WC, 93-SC-478-WC, 93-SC-481-WC, 93-SC-482-WC, 93-SC-483-WC, 93-SC-472-WC.

868 S.W.2d 95 (1993)

Vonda L. HAMILTON and Kelsey E. Friend, Sr., D/B/A Kelsey E. Friend Law Firm, Appellants, v. DESPARADO FUELS, INC.; Vicki G. Newberg, Acting Director of Special Fund; Ronald W. May, Administrative Law Judge; and Workers' Compensation Board, Appellees, and George W. JOHNSON and Kelsey E. Friend, Sr., D/B/A Kelsey E. Friend Law Firm, Appellants, v. SOUTHEAST COAL COMPANY; Miners' Self-Insurance Fund; Vicki G. Newberg, Acting Director of Special Fund; Walter Turner, Administrative Law Judge; and Workers' Compensation Board, Appellees, and Tommy J. MAY and Kelsey E. Friend, Sr., D/B/A Kelsey E. Friend Law Firm, Appellants, v. EASTERN COAL COMPANY; Vicki G. Newberg, Acting Director of Special Fund; Walter Turner, Administrative Law Judge; and Workers' Compensation Board, Appellees, and Carl FITCH and Kelsey E. Friend, Sr., D/B/A Kelsey E. Friend Law Firm, Appellants, v. SANDY FORK COAL COMPANY; Vicki G. Newberg, Acting Director of Special Fund; Thomas A. Dockter, Administrative Law Judge; and Workers' Compensation Board, Appellees, and Jerrell W. MARCUM and Kelsey E. Friend, Sr., D/B/A Kelsey E. Friend Law Firm, Appellants, v. BIG BOTTOM COAL COMPANY, INC.; Vicki G. Newberg, Acting Director of Special Fund; Ronald W. May, Administrative Law Judge; and Workers' Compensation Board, Appellees, and R. Roland CASE and Randy Cantrell, Appellants, v. SUNSET COAL COMPANY; Vicki G. Newberg, Acting Director of Special Fund; Ronald W. May, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

December 22, 1993.


Attorney(s) appearing for the Case

Robert J. Greene, Kelsey E. Friend Law Firm, Pikeville, for appellants Friend and Hamilton, Johnson, May, Fitch, and Marcum.

Ralph Roland Case, Pikeville, for appellants Case and Cantrell.

William J. Baird, Pikeville, for appellees Desparado Fuels, Inc.; Eastern Coal Co.; Big Bottom Coal Co.

Cathy Utley Costelle, Joel D. Zakem, Judith K. Bartholomew, Peter J. Naake, Angeline B. Golden, David Randall Allen, John E. Stephenson, R. Scott Summers, Labor Cabinet, Special Fund, Louisville, for appellee Newberg.

Gene Smallwood, Jr., Whitesburg, for appellee Southeast Coal Co.

John F. Faust, Jr., Tommie L. Weatherly, London, for appellee Sandy Fork Coal Co.

Bennett Clark, Lexington, for appellee Sunset Coal Co.


OPINION OF THE COURT

These cases concern whether the 1990 amendment to KRS 342.320, which removed the $6,500 cap on attorney's fees for workers' compensation cases, applies to those attorney's fees awarded after its effective date for services relative to claims for injuries which occurred before its effective date. There is also a question of whether the employer or the Special Fund has standing to contest an award of attorney's fees.

In each of these appeals...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases