BEALE v. SHEPHERD

Nos. 89-SC-601-WC, 89-SC-978-WC and 90-SC-256-WC.

809 S.W.2d 845 (1991)

Larry D. BEALE, Director of Special Fund, Appellant, v. Otis SHEPHERD, National Mines Corporation, and Workers' Compensation Board, Appellees. PEABODY COAL COMPANY, Appellant, v. Roger J. KIRKWOOD; Larry D. Beale, Director of Special Fund; and Workers' Compensation Board, Appellees. PEABODY COAL COMPANY, Appellant, v. Carlos R. VINCENT; Larry D. Beale, Director of Special Fund; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing July 3, 1991.


Attorney(s) appearing for the Case

Denis S. Kline, Thomas Dockter and David R. Allen, Labor Cabinet, Louisville, for Larry D. Beale, Director of Special Fund.

John David Preston, Perry & Preston, Paintsville, for Otis Shepherd.

David H. Neeley, Francis, Kazee & Francis, Prestonsburg, for Nat. Mines Corp.

William P. Swain and Douglas A. U'sellis, Louisville, for Peabody Coal Co.

C. Terry Earle, Greenville, for Carlos R. Vincent.

Dick Adams, Madisonville, for Roger J. Kirkwood.


LAMBERT, Justice.

In these three consolidated appeals, the claimants suffered an occupational injury and an occupational disease, each of which caused permanent disability. For each claimant the occupational injury and the last injurious exposure to hazards resulting in the occupational disease occurred on the same date. The percentage of occupational disability attributable to the combination of disabling conditions exceeded 100% for each claimant.

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