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LAYNE v. NEWBERG

No. 92-SC-334-WC.

841 S.W.2d 181 (1992)

Bernie LAYNE, Widow and Dependent of Thomas Layne, Deceased; Bernie Layne, Mother and Guardian of Linda Layne, infant; Evelene Thacker, Widow of Vernon Thacker, Deceased; Eva Parsons, Widow of Eddie Parsons, Deceased; Mary Ruth Owens, Widow of Raymond B. Owens, Deceased; and Carol Carter, Widow of Ward Carter, Deceased, Appellants, v. Vicki G. NEWBERG, Acting Director of Special Fund; Commonwealth of Kentucky, Transportation Cabinet, Dept. of Highways; Crescent Industries; I & E Coal Company; Mokie Coal Company, Inc.; Beth Elkhorn Corporation; Eric D. Hall, Administrative Law Judge; Ronald W. May, Administrative Law Judge; Donna H. Terry, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

November 19, 1992.

Attorney(s) appearing for the Case

Kelsey E. Friend, Robert J. Greene, Kelsey E. Friend Law Firm, Pikeville, for appellants.

David Randall Allen, Labor Cabinet — Special Fund, Louisville, William J. Baird, III, Counsel for Crescent Ind. Pikeville, appellees Newberg and Crescent Industries.

Edwin A. Logan, Logan & Gaines, Frankfort, for appellee transportation Cabinet.

David H. Neeley, Prestonsburg, for appellee I & E Coal Co.

A. Stuart Bennett, Jackson & Kelly, Lexington, for appellees Mokie Coal Co., Inc. and Beth Elkhorn Corp.

OPINION OF THE COURT

After a complete review of the parties' briefs and statutory law, the Opinion of the Court of Appeals is affirmed. The Court of Appeals thoroughly considered the circumstances of this case and the applicable law. For these reasons, we adopt the Opinion of the Court of Appeals:

"BEFORE: DYCHE, HAYES and McDONALD, Judges.

"HAYES, JUDGE: These consolidated workers' compensation appeals all turn on disposition of the same issue,...

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