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STEPHENS v. DENAIRO MIN. CO., INC.

No. 91-SC-867-WC.

833 S.W.2d 383 (1992)

Wiley B. STEPHENS (Deceased), and Lola Stephens, Appellants, v. DENAIRO MINING CO., INC.; Special Fund; Uninsured Employers' Fund; W. Bruce Cowden, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

June 25, 1992.

Attorney(s) appearing for the Case

Dennis L. Nagle, Cole, Cole, Anderson & Nagle, PSC, Barbourville, for appellants.

William L. Rose, Williamsburg, for appellee, Denairo Min. Co., Inc.

Denis S. Kline, Hon. Peter J. Naake, Labor Cabinet — Special Fund, Louisville, for appellee Special Fund.

Chris Gorman, Atty. Gen., Thomas Ainley, John L. Pendley, Asst. Attys. Gen., Uninsured Employers' Fund, Frankfort, for appellee Uninsured Employers Fund.

MEMORANDUM OPINION OF THE COURT.

The question presented in this workers' compensation case is whether portions of an award of retraining incentive benefits (RIB) may be paid to a surviving spouse. Decedent, Wiley Stephens, worked in the coal mining industry from 1973 until November 4, 1987. Decedent became unemployed on that date because his employer, Denairo Mining Co., Inc. (Denairo) closed its mine. After the mine was shut down, decedent collected unemployment...

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