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DUPREE v. KENTUCKY DEPT. OF MINES AND MINERALS

No. 91-SC-800-WC.

835 S.W.2d 887 (1992)

Kenneth DUPREE, Appellant, v. KENTUCKY DEPARTMENT OF MINES AND MINERALS; Larry D. Beale, Director of Special Fund; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing August 27, 1992.

Attorney(s) appearing for the Case

Dick Adams, Adams, Day, Whitfield, Ramey & Burns, Madisonville, for appellant.

Richard M. Joiner, Mitchell, Joiner & Hardesty, Madisonville, for appellee Kentucky Dept. of Mines and Minerals.

Mark C. Webster, Appellate Atty., Labor Cabinet — Special Fund, Louisville, for appellee Beale, Dir. Sp. Fund.

OPINION OF THE COURT

Appellant worked for approximately 22 years as a laborer and foreman in the underground coal mines. In 1970, he was employed by the Department of Mines and Minerals as an underground mine inspector and continued to spend a significant amount of time in the mines until May, 1977. From that date until his retirement on October 31, 1988, appellant worked as a "safety instructor," teaching classes to coal miners. Some of these classes were taught...

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