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COAL-MAC, INC. v. WHEELER BLANKENSHIP

No. 92-CA-001034-WC.

863 S.W.2d 333 (1993)

COAL-MAC, INC. and Jaco Mining Company, Appellants, v. WHEELER BLANKENSHIP; Vicki G. Newberg, Acting Director of Special Fund; Hon. Thomas Shewmaker, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

October 15, 1993.

Attorney(s) appearing for the Case

Eric D. Hall, Turner, Riley & Hall, P.S.C., Prestonsburg, for appellant.

Robert J. Greene, Kelsey E. Friend Law Firm, Pikeville, for appellee, Wheeler Blankenship.

Mark Webster, Labor Cabinet, Louisville, for appellee, Special Fund.

Before HUDDLESTON, JOHNSON and STUMBO, JJ.

OPINION

JOHNSON, Judge.

Coal-Mac, Inc. and Jaco Mining Company appeal from an opinion of the Workers' Compensation Board (Board) which reversed a decision of the Administrative Law Judge (ALJ). The ALJ dismissed Wheeler Blankenship's claim for workers' compensation benefits for pneumoconiosis finding that Blankenship had failed to give due and timely notice under Kentucky Revised Statutes (KRS) 342.316(2)(a). The Board held that the evidence did not...

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