SLONE v. JASON COAL CO.

No. 94-SC-870-WC.

902 S.W.2d 820 (1995)

Tracy SLONE, Appellant v. JASON COAL COMPANY; Robert L. Whittaker, Acting Director of Special Fund; Hon. Irene Steen, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Case Ordered Published as Corrected June 2, 1995.

Rehearing Denied August 24, 1995.


Attorney(s) appearing for the Case

Robert J. Greene, Kelsey E. Friend Law Firm, Pikeville, for appellant.

David W. Barr, Mark C. Webster, Louisville, for appellee Special Fund.

Rhonda Elaine Franklin, Dunn, Franklin & Riley, Lexington, Benita J. Riley, Jeffery D. Damron, Riley & Damron, P.S.C., Prestonsburg, for appellees Jason Coal Co.


WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals in a workers' compensation case which held that a claimant cannot reopen an injury claim on the basis of a worsening of a nonlitigated disabling mental condition.

The questions presented are whether the failure to proffer evidence of a psychiatric impairment in the original proceedings bars reopening on the basis of evidence of psychiatric conditions where the record does not show...

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