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BEALE v. HIGHWIRE, INC.

No. 91-CA-588-WC.

843 S.W.2d 898 (1992)

Larry D. BEALE, Director of Special Fund, Appellant, v. HIGHWIRE, INC., Wayne Messer, Honorable Ronald W. May, Administrative Law Judge, and Workers' Compensation Board of Kentucky, Appellees.

Court of Appeals of Kentucky.

Appeal Dismissed by Kentucky Supreme Court April 6, 1992.

Released for Publication February 1, 1993.

Attorney(s) appearing for the Case

Denis S. Kline, Labor Cabinet, Louisville, for appellant.

John V. Porter, Paintsville, Robert A. Rowe, Jr., Prestonsburg, for appellee, Wayne Messer.

W.W. Burchett, Prestonsburg, for appellee, Highwire, Inc.

Valerie L. Salven, Gen. Counsel, Dept. of Workers' Claims, Frankfort, for appellee, Workers' Compensation Bd.

Before HOWERTON, McDONALD and STUMBO, JJ.

HOWERTON, Judge.

The Special Fund appeals from an order of the Workers' Compensation Board affirming an opinion and award by Administrative Law Judge (ALJ) Ronald W. May, who determined that Wayne Messer was suffering from coal workers' pneumoconiosis, Category I. He further determined that Messer had had multiple employments and that his last exposure was in the employment of Highwire, Inc. Upon recalculation of Messer's lung performance figures for FVC and FEV1...

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