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COLEMAN v. EASTERN COAL CORP.

No. 95-CA-000287-WC.

913 S.W.2d 800 (1995)

Jackson COLEMAN, Appellant, v. EASTERN COAL CORPORATION; Robert L. Whittaker, Acting Director of Special Fund; Lloyd R. Edens, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

December 22, 1995.

Attorney(s) appearing for the Case

Miller Kent Carter (briefed), Pikeville, for Appellant.

David R. Allen (briefed), Louisville, for Appellee, Special Fund.

Terri Smith Walters (briefed), Pikeville, for Appellee, Eastern Coal Corporation.

Before LESTER, C.J., and MILLER and SCHRODER, JJ.

SCHRODER, Judge.

Jackson Coleman (Coleman) petitions for review from a decision of the Workers' Compensation Board (Board), affirming an award by the Administrative Law Judge (ALJ) of 40% occupational disability. Coleman argues that the ALJ's failure to render an opinion within 90 days from the date of the hearing deprived him of due process; that the evidence compels a finding of total disability; and that the ALJ should not have relied upon unsworn statements made...

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