VARNEY v. NEWBERG

No. 92-SC-1026-WC.

860 S.W.2d 752 (1993)

Cecil I. VARNEY, Appellant, v. Vicki G. NEWBERG, Acting Director of Special Fund; Eastern Coal Corporation; Donna H. Terry, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Case Ordered Published September 2, 1993.


Attorney(s) appearing for the Case

Ralph Roland Case, Pikeville, for appellant.

David Randall Allen, Denis S. Kline, Peter J. Naake, Labor Cabinet — Special Fund, Louisville, for appellee Newberg.

William Baird, Pikeville, for appellee Eastern Coal.


OPINION OF THE COURT

Claimant, whose date of birth was February 10, 1929, was last exposed to the hazards of pneumoconiosis on June 16, 1989. On that date he filed a claim for compensation benefits alleging that he was totally, occupationally disabled by coal workers' pneumoconiosis and chronic occupational bronchitis. With his claim he filed medical reports by Dr. John E. Myers and Dr. William H. Anderson.

Dr. Myers had examined claimant on February 8,...

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