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ARCH OF KENTUCKY, INC. v. THOMAS

No. 94-SC-641-WC.

895 S.W.2d 578 (1995)

ARCH OF KENTUCKY, INC., Appellant, v. James THOMAS; Vicki Newberg, Acting Director of Special Fund; George S. Schuhmann, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

March 23, 1995.

Attorney(s) appearing for the Case

Kent Hendrickson, Rice & Hendrickson, Harlan, for appellant.

Johnnie Turner and James M. Kennedy, Buttermore, Turner & Boggs, PSC, Harlan, for appellee Thomas.

Joel D. Zakem, Labor Cabinet — Special Fund, Louisville, for appellee Newberg.

OPINION OF THE COURT

The issue in this workers' compensation case involves the date for determining the benefit rate for retraining incentive benefits awarded to working miners. In that event, there is no date of last exposure. The Administrative Law Judge applied the common practice of determining the rate as of the date the claim is filed when the worker is still employed. The Workers' Compensation Board and the Court of Appeals affirmed.

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