TACKETT v. BETHENERGY MINES, INC.

Nos. 92-SC-374-WC, 92-SC-483-WC.

841 S.W.2d 177 (1992)

Nannie TACKETT, Executrix of the Estate of Alvin Tackett, Deceased, Appellant, v. BETHENERGY MINES, INC.; Special Fund; and Workers' Compensation Board, Appellees. Joyce MULLINS, Administratrix of Carlos Mullins Estate, Appellant, v. CANADA COAL COMPANY; Special Fund; and Commonwealth of Kentucky, Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

As Corrected December 4, 1992.


Attorney(s) appearing for the Case

Eddy Coleman, Pikeville, for appellants.

A. Stuart Bennett, Jackson & Kelly, Lexington, for Bethenergy Mines, Inc. and Canada Coal Co.

Denis S. Kline, William Elam, Peter J. Naake, Labor Cabinet-Special Fund, Louisville, for Special Fund.


OPINION OF THE COURT

Alvin Tackett was employed in the mining industry for over thirty years, the last eighteen of which were with Bethenergy Mines, Inc. (Bethenergy). He was employed by Bethenergy until February 12, 1988, when he died from a nonwork-related acute myocardial infarction. At that time he had no pending claim for workers' compensation benefits. After his death, Nannie Tackett, his widow, as the executrix of his estate, filed an application for workers...

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