HELTON v. CANADA MOUNTAIN COAL AUGERING

No. 94-SC-619-WC.

892 S.W.2d 588 (1995)

Henry Clay (H.C.) HELTON and Ronald W. May, Administrative Law Judge, Appellants, v. CANADA MOUNTAIN COAL AUGERING, INC.; Security Insurance Company of Hartford; Vicki G. Newberg, Acting Director of Special Fund; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

February 16, 1995.


Attorney(s) appearing for the Case

Mark L. Ford, Harlan, for appellant Helton.

Bonnie Jo Hoskins, Stoll, Keenon & Park, Lexington, for appellees Canada Mountain Coal Augering, Inc. and Sec. Ins. Co. of Hartford.

Judith K. Bartholomew, Labor Cabinet — Sp. Fund, Louisville, for appellee Newberg.


OPINION OF THE COURT

This case concerns whether a worker who received a 30% permanent, partial, occupational disability benefit for coal workers' pneumoconiosis under the pre-1987 Workers' Compensation Act (Act) and who had returned to work in the mining industry before the 1987 amendments were enacted was then entitled to receive a Retraining Incentive Benefit (RIB).

On July 22, 1974, claimant was found to be 100% occupationally disabled due to coal workers...

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