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  5. 776 S.W.2d 842 (1989)
 

BETHENERGY MINES, INC. v. EASTERLING

Nos. 88-CA-560-S, 88-CA-719-S and 88-CA-1010-S.

776 S.W.2d 842 (1989)

BETHENERGY MINES, INC., Appellant, v. James F. EASTERLING, Deceased; Myrtle M. Easterling, Widow and Administratrix; Carol Palmore, Secretary of Labor Cabinet; and Workers' Compensation Board of Kentucky, Appellees. Larry D. BEALE, Director of Special Fund, Appellant, v. BETHENERGY MINES, INC.; James F. Easterling, Deceased; Myrtle M. Easterling, Widow; and Workers' Compensation Board of Kentucky, Appellees. Janice BLAIR, Widow and Dependent of Gernade Blair, Deceased, Appellant, v. SOUTHEAST COAL COMPANY; Hon. John Calhoun Wells, Secretary of Labor Cabinet and Custodian of Special Fund; Special Fund; and Workers' Compensation Board of Kentucky, Appellees.

Court of Appeals of Kentucky.

As Modified August 25 and September 15, 1989.

Discretionary Review Denied by Supreme Court October 11, 1989.

Attorney(s) appearing for the Case

Bennett Clark, Stoll Kennon & Park, Lexington, for Bethenergy Mines.

Stephen W. Owens, Kelsey Friend Law Firm, Pikeville, for Easterlings and Blair.

James D. Asher, Whitesburg, for Southeast Coal Co.

Robert L. Whittaker, Labor Cabinet, Frankfort, Denis S. Kline, Labor Cabinet, Louisville, for Special Fund.

Before ELSWICK, HAYES and HOWARD, JJ.

HAYES, Judge.

Bethenergy Mines, Inc. [Bethenergy] and the Special Fund appeal from a judgment entered in Pike Circuit Court affirming an opinion and supplemental opinion of the Workers' Compensation Board. In a similar case, Janice Blair appeals from a judgment of the Letcher Circuit Court, affirming a decision of the board.

James F. Easterling was a 56-year-old employee of Bethenergy when he sustained a fatal heart attack on August 5, 1985. At the time of...

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