BLUE DIAMOND COAL/SCOTIA COAL v. BEALE

Nos. 91-CA-000486-WC, 91-CA-000586-WC.

847 S.W.2d 61 (1991)

BLUE DIAMOND COAL COMPANY/SCOTIA COAL COMPANY, Appellant, v. Larry D. BEALE, Director of Special Fund; Billy Joe McDaniels; Honorable Richard H. Campbell, Administrative Law Judge; and Workers' Compensation Board, Appellees. Larry D. BEALE, Director of Special Fund, Appellant, v. Billy Joe McDANIELS; Blue Diamond Coal Company/Scotia Coal Company; Honorable Richard H. Campbell, Jr., Administrative Law Judge; and Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

Appeal Dismissed by Kentucky Supreme Court April 6, 1992.

Released for Publication February 1, 1993.


Attorney(s) appearing for the Case

Alison Wells Hylton, Barret, Haynes, May Carter & Roark, P.S.C., Hazard, for appellant/cross-appellee Blue Diamond Coal Company/Scotia Coal Co.

Denis S. Kline, Labor Cabinet, Louisville, for appellee/cross-appellant Larry D. Beale, Director of Special Fund.

Mark David Goss, Goss & Goss, Harlan, for appellee Billy Joe McDaniels.

Valerie Salven, Frankfort, for Workers' Comp. Bd.

Before HOWERTON, HUDDLESTON and STUMBO, JJ.


HUDDLESTON, Judge.

The Special Fund and Blue Diamond Coal Company/Scotia Coal Company (Scotia) appeal from an order of the Workers' Compensation Board which affirmed an award made by an Administrative Law Judge (ALJ) in favor of Billy Joe McDaniels, who, pursuant to KRS 342.732(1)(c),1 was determined to be totally disabled. We agree with the Board and affirm.

The Special Fund and Scotia...

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