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NATIONAL MINES CORPORATION v. PITTS

No. 90-SC-909-WC.

806 S.W.2d 636 (1991)

NATIONAL MINES CORPORATION, Appellant, v. Vertis PITTS; Larry D. Beale, Director of Special Fund; Walter A. Turner, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

April 11, 1991.

Attorney(s) appearing for the Case

David H. Neeley, Francis, Kazee & Francis, Prestonsburg, for appellant.

W.W. Burchett, Prestonsburg, for appellee Pitts.

Cathy Utley Costelle, Labor Cabinet, Louisville, for appellee Beale.

OPINION OF THE COURT

Appellant, National Mines Corporation (National), appeals the decision of the Administrative Law Judge (ALJ), which held National liable for the payment of retraining incentive benefits (RIB) to appellee, Vertis Pitts, as authorized by KRS 342.732(1)(a). National asserts that, even though the claim was filed against it and medical proof was taken before Pitts was employed by another mining company, KRS 342.316(10)(c) imposes liability on the...

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