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AMAX COAL CO. v. SMITH

Nos. 87-CA-791-S, 87-CA-799-S.

748 S.W.2d 158 (1988)

AMAX COAL COMPANY, Appellant, v. Lloyd SMITH, John C. Wells, Custodian of the Special Fund, and Workers Compensation Board, Appellees. John C. WELLS, Custodian of the Special Fund, Appellant, v. Lloyd SMITH, Amax Coal Company, and Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court May 10, 1988.

Attorney(s) appearing for the Case

Frank N. King, Jr., Henderson, for appellant, Amax Coal Co.

Cathy Utley Costelle, Cyril E. Shadowen, Louisville, for appellant, Special Fund.

Richard Adams, Gerald M. Burns, Adams, Day, Whitfield, Ramey & Burns, Madisonville, for appellee, Lloyd Smith.

Before HOWERTON, C.J., and COMBS and McDONALD, JJ.

HOWERTON, Chief Judge.

Amax Coal and the Special Fund appeal from a judgment of the Muhlenberg Circuit Court affirming an opinion and award of the Workers' Compensation Board. On March 10, 1986, in a bifurcated proceeding, the board issued an opinion that it had jurisdiction to make an award in this case. The actual award was made on October 27, 1986. The appellants argue that the court and board erred by holding that the...

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