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LOST MOUNTAIN MINING v. FIELDS

No. 95-CA-000697-WC.

918 S.W.2d 232 (1996)

LOST MOUNTAIN MINING, Appellant, v. Alfred B. FIELDS; Dwight T. Lovan, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

March 1, 1996.

Attorney(s) appearing for the Case

W. Barry Lewis, Hazard, for appellant.

No briefs for appellees.

Before LESTER, C.J., and GARDNER and HOWERTON, JJ.

OPINION

LESTER, Chief Judge.

This is a petition for review of an opinion of the Workers' Compensation Board affirming the opinion and award of the Administrative Law Judge. The petition deals with the following questions of law: whether KRS 342.732(1)(a) is constitutional under Section 2 of the Kentucky Constitution in that it denies the employer the right to due process by imposing consequences so unjust...

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