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A & K COAL CO. v. BLANKENSHIP

708 S.W.2d 638 (1986)

A & K COAL COMPANY, Movant, v. Jessie BLANKENSHIP, et al., Respondents. John C. WELLS (Special Fund), Movant, v. James W. MOMAN, Island Creek Coal Company & Workers' Compensation Board, Respondents. John C. WELLS (Special Fund), Appellant, v. Richard P. KIMBLER, Little Elkhorn Coal Company and Workers' Compensation Board, Appellees. LITTLE ELKHORN COAL, Appellant, v. Richard KIMBLER, John C. Wells (Special Fund) and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

May 1, 1986.

Attorney(s) appearing for the Case

G.C. Perry, Paintsville, Jackie Blankenship, Director, Workers' Compensation Bd., Frankfort, for Jessie Blankenship.

David R. Allen, Cyril E. Shadowen, Labor Cabinet, Louisville, for John C. Wells.

J. Quenton Wesley, Morganfield, for James W. Moman, et al.

William P. Swain, Peter J. Glauber, Louisville, for Island Creek Coal Co.

Janet Stumbo, Arnold Turner, William G. Francis, Prestonsburg, for Richard P. Kimbler, et al.

Janet Stumbo, Arnold Turner, Prestonsburg, Cyril E. Shadowen, Dept. of Labor, Louisville, for Richard Kimbler, John C. Wells and Workers' Compensation Bd.

John F. Vincent, Max D. Picklesimer, Ashland, for amicus curiae, Pine Mountain Paving Co.

William G. Francis, Francis, Kazee & Francis, Prestonsburg, for movant A & K Coal Co. and Little Elkhorn Coal. David R. Allen, Douglas A. U'Sellis, Louisville, for Special Fund.

OPINION OF THE COURT

These cases have been consolidated in order to determine the application of Kentucky Workers' Compensation Statutes KRS 342.120 and KRS 342.320. The cases involve the resolution of two particular issues: 1) whether accrued interest to which an employee is entitled on benefits past due at the time of an award are the sole responsibility of the employer or the joint responsibility of the employer and the Special Fund; and 2) whether attorneys...

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