PALMORE v. SWINEY

No. 89-CA-1662-S.

807 S.W.2d 950 (1990)

Carol M. PALMORE, Secretary of Labor Cabinet (Special Fund), Appellant, v. Simon SWINEY; Rita Coal Company; Coal Miners' Pneumoconiosis Fund; Kelsey E. Friend and/or Kelsey E. Friend Law Firm, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied December 21, 1990.

Discretionary Review Denied by Supreme Court May 30, 1991.


Attorney(s) appearing for the Case

Denis S. Kline, Louisville, for appellant.

Kelsey E. Friend, Stephen W. Owens, Pikeville, for appellees, Simon Swiney and Kelsey E. Friend Law Firm.

William J. Baird, III, Pikeville, for appellees, Rita Coal Co. and Coal Miners Pneumoconiosis Fund.

Before HOWARD, LESTER and WILHOIT, JJ.


HOWARD, Judge.

The appellee, Simon Swiney, became disabled in October, 1976, due to the onset of silicosis/pneumoconiosis which had developed during the course of his employment as a coal miner. Swiney was 63 years of age at the time and had worked as a coal miner for approximately 45 years.

On October 9, 1978, the Kentucky Workers' Compensation Board found that Swiney was 100% occupationally disabled as a result...

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