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KING COAL CO. v. OVERTON

No. 94-CA-002328-WC.

907 S.W.2d 171 (1995)

KING COAL COMPANY, Appellant, v. Larry E. OVERTON; Robert L. Whittaker, Acting Director of Special Fund; Dwight T. Lovan, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

September 22, 1995.

Attorney(s) appearing for the Case

James G. Fogle, Judson F. Devlin, Louisville, for appellant.

Angeline B. Golden, Louisville, for appellee, Special Fund.

John C. Carter, Harlan, for appellee, Larry E. Overton.

Before HOWERTON, JOHNSON and SCHRODER, JJ.

SCHRODER, Judge:

This petition for review from a decision by the Workers' Compensation Board (Board) raises the question of whether, based on KRS 342.197, which makes it illegal for an employer to discriminate against a worker because he has pneumoconiosis, and the Americans with Disabilities Act, an employer is entitled to reopen a total disability award based on pneumoconiosis, when the primary reason for the granting of a total disability award no longer exists...

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