WHITAKER v. PEABODY COAL CO.

No. 89-SC-92-DG.

788 S.W.2d 269 (1990)

Oscar WHITAKER, Jr., Appellant, v. PEABODY COAL COMPANY; Carol M. Palmore, Commissioner of Labor and Custodian of the Special Fund; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

April 26, 1990.


Attorney(s) appearing for the Case

Dick Adams, Gerald M. Burns, Adams, Day, Whitfield, Ramey & Burns, Madisonville, for appellant.

John E. Stephenson, Attorney for Special Fund Labor Cabinet, William P. Swain, Peter J. Glauber, Louisville, for appellees.


VANCE, Justice.

The question is whether an admittedly inaccurate finding of a material fact by the Workers' Compensation Board requires a reversal of an award of the board and a remand for entry of a new award based upon consideration of a correct finding of facts. The answer is yes.

The appellant sustained a back injury working as an underground coal miner in 1982. He was awarded compensation based upon a determination of permanent, partial occupational disability...

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