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PEABODY COAL CO. v. FLENER

No. 94-CA-0398-WC.

896 S.W.2d 616 (1995)

PEABODY COAL COMPANY, Appellant, v. Billy Franklin FLENER; Robert L. Whittaker, Acting Director of Special Fund; Hon. W. Bruce Cowden, Jr., Administrative Law Judge; and Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

February 17, 1995.

Attorney(s) appearing for the Case

Philip J. Reverman, Jr., William P. Swain, Boehl, Stopher & Graves, Louisville, for appellant.

E.F. Martin, Jr., Hartford, for appellee Billy Flener.

Mark C. Webster, Labor Cabinet, Louisville, for appellee Special Fund.

Before HOWERTON, JOHNSTONE, and WILHOIT, JJ.

OPINION

HOWERTON, Judge.

This is a second appeal by Peabody Coal Company. The case began on July 25, 1988, after the Administrative Law Judge (ALJ) rendered his original award. The opinion and award determined that Billy Franklin Flener had sustained a back injury in the course of his employment on February 6, 1985. The ALJ found that Flener was now totally disabled, but that he had had three prior back...

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