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YOCOM v. DOTSON

607 S.W.2d 121 (1980)

James R. YOCOM, Commissioner of Labor and Custodian of the Special Fund, Appellant, v. Sadie S. DOTSON, Widow of James E. Dotson, Deceased; Johns Creek Elkhorn Coal Corporation; and Workmen's Compensation Board, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied July 11, 1980.

Discretionary Review Denied November 18, 1980.

Attorney(s) appearing for the Case

Gemma Harding, Asst. Counsel, Dept. of Labor, Denis S. Kline, Asst. Counsel, Dept. of Labor, Louisville, Kenneth E. Hollis, Gen. Counsel, Dept. of Labor, Frankfort, for appellant.

R. Roland Case, Kelsey E. Friend Law Firm, Pikeville, for appellee Sadie S. Dotson.

Joseph W. Justice, Pikeville, for appellee Johns Creek Elkhorn Coal Corp.

Before BREETZ, GUDGEL and HOWARD, JJ.

GUDGEL, Judge.

This is an appeal by the Special Fund from a judgment of the Pike Circuit Court. The sole issue is:

Whether in coal workers' pneumoconiosis cases where the workman's last injurious exposure occurred on and after January 1, 1973, benefits payable the surviving spouse of that workman are required to be computed pursuant to the statutes which existed prior to the enactment of the 1972 amendments to the Workmen's Compensation Act, rather than pursuant...

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