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APEX MIN. v. BLANKENSHIP

No. 95-SC-671-WC.

918 S.W.2d 225 (1996)

APEX MINING, Appellant, v. Sherman BLANKENSHIP; Robert L. Whittaker, Acting Director of Special Fund; Irene Steen, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

March 21, 1996.

Attorney(s) appearing for the Case

William A. Miller, Sr., Stanley S. Dawson, Ferreri & Fogle, Louisville, for Appellant.

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

Joel D. Zakem, Labor Cabinet — Special Fund, Louisville, for Appellee Whittaker.

OPINION OF THE COURT

In addition to questions of evidence, this appeal concerns two matters of first impression: 1.) whether, upon proof of the requisite facts, an injured worker is entitled to receive the 15% penalty authorized by KRS 342.165 in addition to income benefits for total disability, and 2.) whether the violation of KRS 338.031 which occurred in this case constitutes a safety violation for the purposes of...

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