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ISLAND CREEK COAL CO. v. BEALE

No. 90-SC-473-WC.

804 S.W.2d 1 (1990)

ISLAND CREEK COAL COMPANY, Appellant, v. Larry D. BEALE, Director of the Special Fund; Hugh Gish, Jr.; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Case Ordered Published by Supreme Court February 8, 1991.

Attorney(s) appearing for the Case

William P. Swain, William M. Newman, Jr., Louisville, for Island Creek Coal Co.

David Randall Allen, Louisville, for Larry Beale, Dir. of Special Fund.

A. V. Conway, II, Hartford, for Hugh Gish, Jr.

OPINION OF THE COURT

In this workers' compensation case, claimant filed for benefits alleging that he was permanently, totally occupationally disabled as a result of contracting the occupational disease of coal workers' pneumoconiosis occurring on or about October 11, 1986. The Administrative Law Judge (ALJ), while noting that the medical evidence was closely divided on whether the claimant had contracted pneumoconiosis, found that claimant sustained a 50% occupational...

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