NEWBERG v. GARRETT

Nos. 92-SC-861-WC, 92-SC-862-WC, 92-SC-879-WC.

858 S.W.2d 181 (1993)

Vicki G. NEWBERG, Acting Director of Special Fund, Appellant, v. Delmer GARRETT; Island Creek Coal Company; Dwight T. Lovan; Administrative Law Judge; and Workers' Compensation Board, Appellees. ISLAND CREEK COAL COMPANY, Appellant, v. Delmer GARRETT; Vicki G. Newberg, Acting Director of Special Fund; Dwight T. Lovan, Administrative Law Judge; and Workers' Compensation Board, Appellees. Delmer GARRETT, Appellant, v. ISLAND CREEK COAL COMPANY; Vicki G. Newberg, Acting Director of Special Fund; Dwight T. Lovan, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

May 27, 1993.


Attorney(s) appearing for the Case

David Randall Allen, John E. Stephenson, Labor Cabinet-Special Fund, Louisville, for Newberg.

Joseph H. Kelley, Leland Monhollon, Madisonville, for Garrett.

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


OPINION OF THE COURT.

Claimant sought total disability benefits for a combination of coal worker's pneumoconiosis and occupational injury. The Administrative Law Judge (ALJ) ruled that claimant's work-related back injury had resulted in a 55% occupational disability. Regarding the pneumoconiosis claim, the quality of the x-rays varied greatly, and the range of disease reported extended from category 0/0 to category 2...

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