BULLOCK v. PEABODY COAL CO.

No. 93-SC-924-WC.

882 S.W.2d 676 (1994)

Ernest BULLOCK, Appellant, v. PEABODY COAL COMPANY; Vicki G. Newberg, Acting Director of Special Fund; Denis S. Kline, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

September 1, 1994.


Attorney(s) appearing for the Case

A.V. Conway, II, Hartford, for appellant.

Walter E. Harding, William P. Swain, Boehl, Stopher & Graves, Louisville, for appellee Peabody Coal Co.

David Randall Allen, Cathy Utley Costell, Angeline B. Golden, Labor Cabinet — Special Fund, Louisville, for appellee Newberg.


OPINION OF THE COURT

Claimant filed a claim for compensation benefits on November 21, 1989, in which he alleged that he had contracted coal workers' pneumoconiosis and that December 31, 1987, was the date of his last exposure. The evidence of whether claimant suffered from the disease was conflicting and ranged from evidence that claimant did not have the disease to evidence of category 1/1 disease. Dr. Wright testified that, although the nodulation he observed...

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