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WHITTAKER v. WAGNER

Nos. 94-SC-764-WC, 94-SC-765-WC.

898 S.W.2d 492 (1995)

Robert L. WHITTAKER, Acting Director of Special Fund, Appellant, v. Otis WAGNER; Leeco, Inc.; Ronald W. May, Administrative Law Judge; and Workers' Compensation Board, Appellees. LEECO, INC., Appellant, v. Otis WAGNER; Vicki G. Newberg, Acting Director of Special Fund; Ronald W. May, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Case Ordered Published by Supreme Court June 2, 1995.

Attorney(s) appearing for the Case

Angeline B. Golden, Labor Cabinet — Special Fund, Louisville, for appellant Whittaker.

Timothy Joe Walker, Reece & Lang, P.S.C., London, for appellant Leeco, Inc.

Edmond Collett, Kenneth A. Buckle, Hyden, for appellee Wagner.

Angeline B. Golden, Labor Cabinet — Special Fund, Louisville, for appellee Newberg.

OPINION OF THE COURT

Claimant worked in the underground coal mines for 16 years and was last exposed to the hazards of coal workers' pneumoconiosis on April 28, 1989. There was conflicting evidence concerning both the presence of pneumoconiosis and the cause of claimant's respiratory impairment. The Administrative Law Judge (ALJ) reviewed the x-ray evidence and chose to believe claimant's experts regarding the diagnosis of pneumoconiosis. The ALJ noted that claimant...

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