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EASTERN COAL CORP. v. BLANKENSHIP

No. 91-SC-58-WC.

813 S.W.2d 808 (1991)

EASTERN COAL CORPORATION, Appellant, v. Melvin BLANKENSHIP; Larry D. Beale, Director of the Special Fund; Ronald W. May, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

As Corrected June 27, 1991.

As Modified on Grant of Rehearing August 29, 1991.

Attorney(s) appearing for the Case

Paul E. Jones, Baird, Baird, Baird & Jones, P.S.C., Pikeville, for appellant.

John David Preston, George C. Perry, III, Perry & Preston, Paintsville, for Melvin Blankenship.

John E. Stephenson, Appellate Atty., Labor Cabinet-Special Fund, Louisville, for special fund.

OPINION OF THE COURT

Melvin Blankenship was employed by Eastern Coal Corporation and quit working on September 16, 1988, after he experienced chest pain and thought he had suffered a heart attack. His cardiologist concluded, however, that the source of his symptoms actually was his lungs. Subsequently, he was diagnosed as having contracted coal workers' pneumoconiosis and was awarded retraining incentive (RIB) benefits. He had not returned to work as of the hearing...

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