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NEWBERG v. SLONE

Nos. 91-SC-892-WC, 91-SC-895-WC.

846 S.W.2d 694 (1992)

Vicki G. NEWBERG, Acting Director of Special Fund, Appellant, v. Matt G. SLONE, Enduro Coal Company, and Workers' Compensation Board, Appellees. ENDURO COAL COMPANY, Appellant, v. Matt Greenie SLONE; Ottis Reed, Jr., Secretary of Labor Cabinet — Special Fund; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Rehearing Denied March 18, 1993.

Attorney(s) appearing for the Case

Peter J. Naake, John E. Stephenson, Labor Cabinet — Special Fund, Louisville, for Labor Cabinet — Special Fund.

A. Stuart Bennett, Jackson & Kelly, Lexington, for Enduro Coal Co.

Herbert Deskins, Jr., Deskins and Pafunda, Pikeville, for Matt G. Slone.

OPINION OF THE COURT

In this workers' compensation case, the Administrative Law Judge (ALJ) dismissed a claim filed by Matt Slone on the grounds that claimant failed to notify his employer, Enduro Coal Company (Enduro), of his occupational disease as soon as practicable pursuant to KRS 342.316(2)(a). The Workers' Compensation Board (Board) upheld the decision by the ALJ to dismiss the claim. The Court of Appeals reversed the decision of the Board, and the employer...

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