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WELLS v. ESTRIDGE

646 S.W.2d 41 (1982)

John Calhoun WELLS, Commissioner of Labor and Custodian of the Special Fund, Successor to Eugene F. Land, Movant, v. Alonzo ESTRIDGE, United States Steel Corporation, and Workers' Compensation Board, Respondents.

Supreme Court of Kentucky.

Rehearing Denied March 9, 1983.

Attorney(s) appearing for the Case

Gemma M. Harding, Deputy Gen. Counsel for Appeals, Louisville, for movant.

John E. Anderson, Cole, Cole & Anderson, Barbourville, for Alonzo Estridge.

William A. Rice, Harlan, for U.S. Steel Corp.

Gerald V. Roberts, Frankfort, for respondents.

AKER, Justice.

Movant, John Calhoun Wells, Commissioner of Labor and Custodian of the Special Fund, hereinafter referred to as The Special Fund, appeals from a judgment of the Harlan Circuit Court which affirmed an opinion and award of the Worker's Compensation Board refusing to enforce KRS 342.800 to reduce "lifetime" benefits to the respondent, Alonzo Estridge, because respondent had subsequently been awarded federal black lung benefits. The Court of Appeals affirmed...

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