MARCUM v. WOLF CREEK COLLIERIES

No. 92-SC-697-WC.

850 S.W.2d 48 (1993)

Ray MARCUM, Appellant, v. WOLF CREEK COLLIERIES; Vicki G. Newberg, Acting Director of Special Fund; Ronald W. May, Administrative Law Judge, and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Case Ordered Published by Supreme Court April 22, 1993.


Attorney(s) appearing for the Case

Wolodymyr I. Cybriwsky, Prestonsburg, for appellant.

Paul E. Jones, Baird, Baird, Baird & Jones, P.S.C., Pikeville, for appellee Wolf Creek Collieries.

David Randall Allen and Cathy Utley Costelle, Labor Cabinet — Sp. Fund, Louisville, for appellee Newberg, Special Fund.


OPINION OF THE COURT.

Claimant, a coal miner, quit work in 1973 because of a lung condition and sought compensation benefits. In 1974 he was awarded permanent, total disability benefits due to coal workers' pneumoconiosis. He was also awarded federal benefits for pneumoconiosis. Although his date of last exposure was February 19, 1973, and the 1972 amendments to the Workers' Compensation Act provided for lifetime benefits for permanent, total occupational disability...

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