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WHITTAKER v. KENNEDY

No. 94-SC-36-WC.

883 S.W.2d 489 (1994)

Robert L. WHITTAKER, Acting Director of Special Fund, Appellant, v. Frank KENNEDY; Arch on the North Fork; Thomas A. Dockter, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

September 1, 1994.

Attorney(s) appearing for the Case

David Randall Allen, Labor Cabinet — Special Fund, Louisville, for appellant.

James D. Holliday, Hazard, for appellee Kennedy.

Jimmy L. Roark, Hazard, for appellee Arch on the North Fork.

OPINION OF THE COURT

This case concerns whether a worker who the Administrative Law Judge (ALJ) has determined is totally, occupationally disabled by a combination of injury and coal workers' pneumoconiosis may receive a combined award of lifetime benefits pursuant to KRS 342.730 and KRS 342.732.

Claimant was found to be 60% occupationally disabled due to a back injury [KRS 342.730(1)(b)] and 75% disabled due to coal workers' pneumoconiosis [KRS 342.732...

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