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ZEIGLER COAL CO. v. HOPSON

726 S.W.2d 309 (1986)

ZEIGLER COAL COMPANY, Appellant, v. Edward HOPSON, Jr.; John Calhoun Wells, Commissioner of Labor and Custodian of the Special Fund and Coal Miners' Pneumoconiosis Fund; and Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

Case Ordered Published by Supreme Court, January 13, 1987.

Attorney(s) appearing for the Case

Richard M. Joiner, Madisonville, for appellant.

Dick Adams, Madisonville, for Edward Hopson.

John Riehl, Jr., Thomas A. Dockter, Louisville, for special fund.

Before GUDGEL, HOWERTON, and MILLER, JJ.

GUDGEL, Judge:

The principal issue in this appeal is whether the workers' compensation board may validly reopen a claim which was previously dismissed without prejudice. The court below adjudged that it could. We agree. Hence, we affirm.

Appellee Edward Hopson, Jr. was employed by appellant Zeigler Coal Company (Zeigler) until December 22, 1978. On June 25, 1979, Hopson filed a claim for workers' compensation benefits against Zeigler, alleging that he was...

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