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WELLS v. JONES

662 S.W.2d 849 (1983)

John Calhoun WELLS, Commissioner of Labor and Custodian of the Special Fund; and Coal Workers' Pneumoconiosis Fund, Appellants, v. Albert JONES, South East Coal Company, and Workers' Compensation Board, Appellees. and SOUTH EAST COAL COMPANY, Appellant, v. Albert JONES, Special Fund, Coal Miners' Pneumoconiosis Fund, and Kentucky Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied February 9, 1984.

Attorney(s) appearing for the Case

John E. Stephenson, Asst. Counsel, Dept. of Labor, Louisville, for John Calhoun Wells, Special Fund, and Coal Miners' Pneumoconiosis Fund.

Grayson Johnson, Hindman, for Albert Jones.

Gene Smallwood, Jr., Polly, Craft, Asher & Smallwood, Whitesburg, for South East Coal Co.

Before DUNN, WHITE and WILHOIT, JJ.

WILHOIT, Judge.

These appeals have been taken from an order of the Knott Circuit Court affirming an award by the Workers' Compensation Board to the appellee Albert Jones. The Board held that Mr. Jones became totally and permanently disabled on January 24, 1980.

The appellants contend that the Board erred in awarding Mr. Jones benefits for total disability from January 24, 1980, to December, 1980, because he received unemployment compensation benefits during...

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