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HATFIELD v. EASTERN COAL CORP.

No. 89-CA-1367-WC.

787 S.W.2d 274 (1990)

Cecil HATFIELD, Appellant, v. EASTERN COAL CORPORATION; Carol M. Palmore, Secretary of Labor Cabinet (Special Fund); and Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

April 20, 1990.

Attorney(s) appearing for the Case

Robert J. Greene, Kelsey E. Friend Law Firm, Pikeville, for appellant.

Paul E. Jones, William J. Baird, III, Baird & Baird, P.S.C., Pikeville, for appellee Eastern Coal Corp.

John E. Stephenson, Special Fund, Louisville, for Special Fund.

Before HAYES, MILLER and WILHOIT, JJ.

WILHOIT, Judge.

The issue presented by this appeal concerns the amount of credit allowed an employer for voluntary payments made under a sickness and accident plan. The "old" board found the appellant, Cecil Hatfield, to be 100% permanently occupationally disabled from pneumoconiosis and awarded him benefits of $322.19 a week for life. Pursuant to KRS 342.316, the board apportioned the award twenty-five percent to the appellee-employer Eastern Coal Corporation ($80...

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