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NAPIER v. SCOTIA COAL CO.

Nos. 93-SC-479-WC, 93-SC-480-WC.

874 S.W.2d 377 (1993)

William Douglas NAPIER and Kelsey Friend, Sr., d/b/a Kelsey E. Friend Law Firm, Appellants, v. SCOTIA COAL COMPANY; Vicki G. Newberg, Acting Director of Special Fund; Donna H. Terry, Administrative Law Judge; and Workers' Compensation Board, Appellees, and David E. DEAN and Kelsey E. Friend, Sr., d/b/a Kelsey E. Friend Law Firm, Appellants, v. BIG BOTTOM COAL COMPANY, INC.; Vicki G. Newberg, Acting Director of Special Fund; Ronald W. May, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing March 24, 1994.

Case Ordered Published March 24, 1994.

Attorney(s) appearing for the Case

Robert J. Green, Kelsey E. Friend Law Firm, Pikeville, for appellants.

Paul E. Jones, Pikeville, for appellee Big Bottom Coal Co.

Ralph D. Carter, Alison Wells Hylton, Hazard, for appellee Scotia Coal Co.

Angeline B. Golden, Joel D. Zakem, Judith K. Bartholomew, Peter J. Naake, Labor Cabinet — Sp. Fund, Louisville, for appellee Newberg.

OPINION OF THE COURT

These appeals concern whether the Administrative Law Judge (ALJ) erred in refusing to apply the 1990 amendment to KRS 342.320(6)(b), which was effective July 13, 1990, and which removed the $3,250 cap on attorney's fees in reopening proceedings. They also concern the applicability of the 1988 amendment to KRS 342.320(6)(b) which was effective January 4, 1988, and which authorized an attorney's fee for a reopening in an amount not to exceed either...

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