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ARCH ON THE NORTH FORK v. CAMPBELL

No. 93-SC-250-WC, 93-SC-262-WC.

865 S.W.2d 312 (1993)

ARCH ON THE NORTH FORK, INC., Appellant, v. Clifton CAMPBELL; Vicki G. Newberg, Acting Director of Special Fund; and Workers' Compensation Board, Appellees, and Vicki G. NEWBERG, Acting Director of Special Fund, Appellant, v. Clifton CAMPBELL, Arch of Kentucky (Arch on the North Fork, Inc.), and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

November 24, 1993.

Attorney(s) appearing for the Case

Denise Moore Davidson, Randall Scott May, Barret, Haynes, May, Carter & Roark, P.S.C., Hazard, for appellant/appellee Arch on the North Fork, Inc.

David Randall Allen, Labor Cabinet, Special Fund, Louisville, for appellant/appellee Newberg.

Jonathan Stanley, Rebecca Baylous, Wilson & Stanley, Lexington, for appellee Campbell.

OPINION OF THE COURT

Claimant was employed in the coal industry for 13 years, wherein his duties involved driving a coal truck and operating heavy equipment at his employer's surface mine. The instant appeal concerns his claim for benefits due to coal workers' pneumoconiosis.

Claimant's last injurious exposure occurred on December 10, 1987, when he injured his back. That claim was settled for a lump sum which represented a 45.54% occupational disability...

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