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EASTERN COAL CORP. v. MULLINS

No. 91-CA-2832-WC.

845 S.W.2d 27 (1993)

EASTERN COAL CORPORATION, Appellant, v. Donnie R. MULLINS; The Special Fund; Honorable Richard H. Campbell, Jr., Administrative Law Judge; and The Workers' Compensation Board, Department of Workers' Claims, Appellees.

Court of Appeals of Kentucky.

January 8, 1993.

Attorney(s) appearing for the Case

William J. Baird III, Baird, Baird, Baird & Jones, P.S.C. Pikeville, for appellant.

Ralph Rowland Case, Pikeville, for appellee, Mullins.

Peter J. Naake, Labor Cabinet, Louisville, for appellee, Special Fund.

Before HAYES, HOWERTON and WILHOIT, JJ.

HOWERTON, Judge.

Eastern Coal Corporation appeals from a unanimous opinion of the Workers' Compensation Board rendered November 1, 1991, and authored by Mr. Greathouse affirming an award of an Administrative Law Judge (ALJ). The question on appeal is whether the ALJ and the Board erred by failing to give Eastern credit against the workers' compensation award for monthly disability benefits it pays to Donnie R. Mullins from a disability pension plan, which Eastern...

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