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BROWNIES CREEK COLLIERIES v. LINGAR

No. 90-CA-23-WC.

794 S.W.2d 641 (1990)

BROWNIES CREEK COLLIERIES, Appellant, v. Charles LINGAR; Larry D. Beale, Director of the Special Fund; Ronald L. McDermott, Administrative Law Judge; and Commonwealth of Kentucky Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

August 24, 1990.

Attorney(s) appearing for the Case

James D. Holliday, Teresa G.C. Reed, Gullett, Combs, Holliday & Branham, Hazard, Paul E. Jones, Baird & Baird, Pikeville, David H. Neeley, Francis, Kazee & Francis, Prestonsburg, for appellant.

Dennis L. Nagle, Cole, Cole & Anderson, Barbourville, for appellee, Lingar.

Cathy Utley Costelle, Louisville, for appellee, Special Fund.

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

HOWERTON, Chief Judge.

Brownies Creek Collieries appeals from an opinion of the Workers' Compensation Board, affirming in part and reversing in part the order of the administrative law judge. The Board concluded that the administrative law judge was correct when he determined that the 50 percent occupational disability from a back injury and the 50 percent occupational disability from pneumoconiosis merge to create a 100 percent occupational disability. Brownies Creek...

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