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ASHER v. BLUE DIAMOND COAL CO.

No. 93-CA-976-WC.

878 S.W.2d 27 (1994)

Darrell ASHER, Appellant, v. BLUE DIAMOND COAL COMPANY; Vicki G. Newberg, Acting Director of Special Fund; Thomas A. Dockter, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

June 10, 1994.

Attorney(s) appearing for the Case

Phillip Lewis, Hyden, for appellant.

Randall S. May, Hazard, for Blue Diamond Coal Co.

David R. Allen, Louisville, for Special Fund.

Before COMBS, GUDGEL and HOWERTON, JJ.

GUDGEL, Judge:

This matter is before us on a petition for review from an opinion of the Workers' Compensation Board (board) reversing and remanding an opinion and award of the Administrative Law Judge (ALJ). The ALJ awarded "tier two" pneumoconiosis benefits to appellant Darrell Asher based upon a finding that he suffers from a 75% permanent partial occupational disability. KRS 342.732(1)(b). On appeal, appellant contends that the board erred by concluding that it...

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