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NEWBERG v. WRIGHT

No. 91-SC-572-WC.

824 S.W.2d 843 (1992)

Vicki G. NEWBERG, Acting Director of Special Fund, Appellant, v. Chester WRIGHT; Manning Coal Corp.; Ronald W. May, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

February 13, 1992.

Attorney(s) appearing for the Case

John E. Stephenson, Appellate Atty., Labor Cabinet-Special Fund, Louisville, for appellant.

Ralph Roland Case, Pikeville, for appellee Wright.

Thomas L. Ferreri, Lexington, for appellee Manning Coal Corp.

OPINION OF THE COURT

Wright filed a claim for disability benefits, alleging that he had contracted pneumoconiosis and/or chronic, occupational bronchitis. Subsequently, he settled with his last employer for its share of any liability. When the case came before the Administrative Law Judge (ALJ) he ruled that Wright had contracted category 1 coal workers' pneumoconiosis and had sustained a 75% permanent, partial disability. KRS 342.732(1)(b). Pursuant to KRS 342.316...

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