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NEWBERG v. PRICE

No. 93-SC-116-WC.

868 S.W.2d 92 (1993)

Vicki G. NEWBERG, Acting Director of the Special Fund, Appellant, v. Edwin PRICE; Shamrock Coal Company; Lloyd R. Edens, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Rehearing Denied December 22, 1993.

Attorney(s) appearing for the Case

Joel D. Zakem, Labor Cabinet — Special Fund, Louisville, for appellant.

Dennis L. Nagle, Cole, Cole, Anderson & Nagle, PSC, Barbourville, for appellee Price.

Neville Smith and Timothy L. Wells, Manchester, for appellee Shamrock Coal Co.

OPINION OF THE COURT

Claimant sought benefits for coal workers' pneumoconiosis pursuant to KRS 342.732.

The relevant medical evidence was as follows:

PHYSICIAN    X-RAYS    HEIGHT      FVC   FEV1

Anderson      1/1      69 ¼"    65.9%   53.5%
Baker         1/2      67 "       81.0%   77.0%
Bassali       0/0       (no pulmonary...

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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