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MOONEY v. PITTSBURG & MIDWAY COAL MIN.

No. 92-SC-304-WC.

849 S.W.2d 527 (1993)

Robert R. MOONEY, Appellant, v. PITTSBURG & MIDWAY COAL MINING COMPANY; Vickie Newberg, Acting Director of Special Fund; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

March 18, 1993.

Attorney(s) appearing for the Case

Dick Adams, Madisonville, for appellant.

Peter J. Glauber, Larry L. Johnson, William P. Swain, Boehl, Stopher, Graves & Deindoerfer, Louisville, for appellee Pittsburg & Midway Coal Min. Co.

Denis S. Kline, Peter J. Naake, Louisville, for appellee Newberg.

OPINION AND ORDER OF THE COURT

STEPHENS, Chief Justice.

The question before us is whether, pursuant to the 1987 Amendments to the Workers' Compensation Act, KRS 342.730 and KRS 342.732 permit a claimant who is partially, occupationally disabled by a combination of coal workers' pneumoconiosis and occupational injury to receive, for 425 weeks, benefits greater than 75% of the state's average weekly wage, the maximum authorized by either KRS 342.730(1)(b)...

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