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MATNEY v. NEWBERG

No. 92-SC-777-WC.

849 S.W.2d 526 (1992)

Plennie MATNEY, Appellant, v. Vicki G. NEWBERG, Acting Director of Special Fund; T & T Coal Company, Inc.; Ronald W. May, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing March 18, 1993.

Case Ordered Published by Supreme Court, March 18, 1993.

Attorney(s) appearing for the Case

Kelsey E. Friend, Robert J. Greene, Pikeville, for appellant.

John E. Stephenson, R. Scott Summers, Joel D. Zakem, Louisville, for appellee Newberg.

William J. Baird, Paul E. Jones, Pikeville, for appellee T & T Coal Co., Inc.

MEMORANDUM OPINION OF THE COURT

This case concerns whether the Court of Appeals correctly interpreted KRS 342.732 and KRS 342.730 as limiting a claimant who is 100% occupationally disabled due to coal workers' pneumoconiosis and 20% occupationally disabled due to an injury to receiving benefits from the combined awards equal to 662/3% of his average weekly wage, so long as that amount did not exceed the state average weekly wage.

Claimant injured his back...

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