NEWBERG v. CHUMLEY

No. 91-SC-581-WC.

824 S.W.2d 413 (1992)

Vicki G. NEWBERG, Acting Director of Special Fund, Appellant, v. Jimmy Reed CHUMLEY; Scotts Branch Coal Company; Ronald W. May, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

February 13, 1992.


Attorney(s) appearing for the Case

David Randall Allen, Labor Cabinet, Special Fund, Louisville, for appellant.

Jonathan Stanley, Wilson & Stanley, Lexington, for Jimmy R. Chumley.

Paul E. Jones, Pikeville, for Scotts Branch Coal Co.


OPINION OF THE COURT.

Jimmy Reed Chumley filed a claim for total disability benefits due to coal workers' pneumoconiosis. Subsequently he entered into a settlement with his last employer and received a lump-sum payment of $22,000 for the release of any claim against the employer. Claimant reserved the right to proceed against the Special Fund. The settlement was approved by the Administrative Law Judge (ALJ) on January 23, 1990.

On March 15, 1990, the Opinion...

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