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SMITH v. LEECO, INC.

No. 94-SC-563-WC.

897 S.W.2d 581 (1995)

Lee Roy SMITH, Appellant, v. LEECO, INC.; Vicki G. Newberg, Acting Director of Special Fund; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Rehearing Denied June 8, 1995.

Attorney(s) appearing for the Case

James D. Holliday, Barry Lewis, Holliday & Lewis, Hazard, for appellant.

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

David Randall Allen, Labor Cabinet — Sp. Fund, Louisville, for appellee Newberg.

OPINION OF THE COURT

There is a novel issue in this case regarding whether a coal worker who is still employed as a miner can collect benefits for total disability pursuant to KRS 342.732(1)(d). The Administrative Law Judge (ALJ), Workers' Compensation Board (Board), and Court of Appeals concluded that under the present system, benefits awarded pursuant to KRS 342.732(1)(d) were not authorized to be paid to working miners. We affirm.

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