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WRIGHT v. HOPWOOD MIN.

No. 92-SC-102-WC.

832 S.W.2d 884 (1992)

Lentena WRIGHT, Appellant, v. HOPWOOD MINING, (Hopwood Mining); Larry D. Beale, Director of Special Fund, Donna H. Terry, Administrative Law Judge, and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

June 4, 1992.

Attorney(s) appearing for the Case

Mark L. Ford, Harlan, Thomas W. Moak, Stumbo, Bowling & Barber, Martin, for appellant.

Eric D. Hall, Benita J. Riley, Phillip Goin Taylor, Prestonsburg, for appellee Hopwood Min.

Mark C. Webster, Labor Cabinet — Special Fund, Louisville, for appellee Beale, Dir. of Special Fund.

OPINION OF THE COURT

The sole issue presented by this case is whether an Administrative Law Judge (ALJ) may exercise discretion in choosing among a claimant's spirometric test values to determine the level of workers' compensation benefits to be awarded pursuant to KRS 342.732.

Claimant worked in the mining industry for 25 years, with his last exposure occurring on July 24, 1988. Subsequently, he filed a claim for compensation benefits, asserting that he...

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