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NEWBERG v. DAVIS

No. 93-SC-249-WC.

867 S.W.2d 193 (1993)

Vicki G. NEWBERG, Acting Director of Special Fund, Appellant, v. Pauline DAVIS, Widow of Columbus; Peabody Coal Company; David A. Barber, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

December 22, 1993.

Attorney(s) appearing for the Case

Mark C. Webster, Labor Cabinet, Special Fund, Louisville, for appellant.

Jerry P. Rhoads, Rhoads & Rhoads, P.S.C., Madisonville, for appellee Davis.

Peter J. Glauber, William P. Swain, Boehl, Stopher, & Graves, Louisville, for appellee Peabody Coal.

OPINION OF THE COURT

The issue in this workers' compensation case involves whether an award of continuation of benefits was properly made to Pauline Davis pursuant to KRS 342.730(3). She is the widow of Columbus Davis who was found to be 75% occupationally disabled pursuant to KRS 342.732(1)(b), but died from causes unrelated to his occupational disease before the award was rendered. The Special Fund argues that at the time of the worker's last injurious exposure...

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