WELLS v. BETH-ELKHORN COAL CORP.


708 S.W.2d 104 (1985)

John Calhoun WELLS, Secretary of Labor Cabinet (Special Fund), Appellant, v. BETH-ELKHORN COAL CORPORATION; Elsie Mae Mullins (Widow of Ray E. Mullins); and Workers' Compensation Board, Appellees. BETH-ELKHORN CORPORATION, Cross-Appellant, v. Elsie Mae MULLINS (Surviving Spouse of Ray E. Mullins, Deceased); John Calhoun Wells, Secretary of Labor Cabinet (Special Fund); and Workers' Compensation Board, Cross-Appellees.

Court of Appeals of Kentucky.

Rehearing Denied March 14, 1986.

Discretionary Review Denied and Opinion Ordered Published by Supreme Court May 13, 1986.


Attorney(s) appearing for the Case

Cyril E. Shadowen, Labor Cabinet, Louisville, for appellant/cross-appellee, Special Fund.

Bennett Clark, Stoll, Keenon & Park, Lexington, for appellee/cross-appellant, Beth-Elkhorn Corp.

Joseph W. Justice, Pikeville, for appellee/cross-appellee, Elsie Mae Mullins.

Before HAYES, C.J. and HOWARD and WHITE, JJ.


WHITE, Judge.

This is an appeal by the Special Fund from a Judgment of the Pike Circuit Court ruling the Opinion and Award of the Workers' Compensation Board was clearly erroneous. The employer, Beth-Elkhorn, cross-appeals from the Circuit Court's ruling that the Board was precluded from changing or correcting its apportionment percentages as a patent error.

On March 10, 1982, Ray Mullins suffered a heart attack while at work. At the time, he and another employee...

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