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COMBS v. HUBB COAL CORP.

No. 96-SC-444-WC.

934 S.W.2d 250 (1996)

Bobby Lee COMBS and Johnnie L. Turner, Appellants, v. HUBB COAL CORPORATION; Special Fund; George S. Schuhmann, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

November 21, 1996.

Attorney(s) appearing for the Case

Ronald C. Cox, Buttermore, Turner, & Boggs, P.S.C., Harlan, for Appellants.

John Harlan Callis, III, Prestonsburg, for Appellee Hubb Coal Corp.

Judith K. Bartholomew, Labor Cabinet, Special Fund, Louisville, for Appellee Special Fund.

OPINION OF THE COURT

This appeal concerns whether KRS 342.320 authorizes an Administrative Law Judge (ALJ) to limit an attorney fee to a "reasonable" amount where the contractual agreement between the worker and the attorney provides for the maximum fee allowable by law.

Having considered the arguments of the parties, as well as the opinions of the ALJ, the Workers' Compensation Board (Board) and the Court of Appeals, we are not persuaded that the Court...

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