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BROOKS v. ISLAND CREEK COAL CO.

678 S.W.2d 791 (1984)

Robert E. BROOKS, Appellant, v. ISLAND CREEK COAL COMPANY, John C. Wells, Commissioner of Labor and Custodian of the Special Fund, and Kentucky Workers' Compensation Board, Appellees. John W. OGLESBY, Appellant, v. CIMMARRON COAL COMPANY, Thelma L. Stovall, Commissioner of Labor and Custodian of the Special Fund, and Kentucky Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court November 28, 1984.

Attorney(s) appearing for the Case

Dick Adams, Adams, Haydon, Day & Hinton, Madisonville, for appellants.

William P. Swain, Larry L. Johnson, Boehl, Stopher, Graves & Deindoerfer, Gemma M. Harding, Cyril E. Shadowen, Dept. of Labor, Lousville, Sheila C. Lowther, Mills, Mitchell & Turner, Madisonville, for appellees.

Before HAYES, C. J., and COMBS and GUDGEL, JJ.

HAYES, Chief Judge:

The only issue with merit in these two workers' compensation cases, consolidated for appeal purposes, is whether the phrase in KRS 342.730(1)(b) that "but such benefits shall not be paid after the employee becomes eligible for normal old age benefits under the Federal Old Age, Survivors and Disability Insurance Act . . ." is so vague and ambiguous as to violate the workers' due process and equal protection rights guaranteed by the Federal and State...

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