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COAL DUST COAL CO. v. STILTNER

Nos. 95-SC-137-WC, 95-SC-196-WC.

905 S.W.2d 859 (1995)

COAL DUST COAL COMPANY, Appellant, v. Denver STILTNER; Vicki G. Newberg, Acting Director of Special Fund; Special Fund; Workers' Compensation Board; and Irene Steen, Administrative Law Judge, Appellees. William O. WINDCHY, Acting Director of Special Fund, Appellant, v. Denver STILTNER; Coal Dust Coal Company; Irene Steen and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Case Ordered Published by Supreme Court August 24, 1995.

Attorney(s) appearing for the Case

John V. Porter, Paintsville, for Coal Dust Coal Company.

Angeline B. Golden, Labor Cabinet — Special Fund, Louisville, for William Windchy.

Kelsy E. Friend, Robert J. Greene, Pikeville, for Denver Stiltner.

OPINION OF THE COURT

This Workers' Compensation appeal presents the single issue of whether the last Kentucky employer may be liable for payment of occupational-disease benefits to a coal miner who, after termination of his last employment in this state, was found to have pneumoconiosis, and thereafter worked as a miner in another state for an employer in that state. The Administrative Law Judge awarded benefits pursuant to KRS 342.732(1)(b) and KRS 342.316. The...

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