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DOBSON v. McCOY COAL CO.

No. 96-SC-183-WC.

931 S.W.2d 805 (1996)

Hoey DOBSON, Appellant, v. McCOY COAL COMPANY; William O. Windchy, Acting Director of Special Fund; Lloyd R. Edens, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

October 24, 1996.

Attorney(s) appearing for the Case

James D. Holliday, Hazard, for appellant.

Denise Moore Davidson, Barret, Haynes, May, Carter, & Roark, P.S.C., Hazard, for appellee McCoy Coal Co.

Joel D. Zakem, Labor Cabinet, Special Fund, Louisville, for appellee Windchy.

OPINION OF THE COURT

Claimant was employed as a bulldozer operator for a surface mining company. He was last exposed to the hazards of coal workers' pneumoconiosis on March 15, 1991, at which time he was laid off. This claim for workers' compensation benefits ensued. Claimant introduced evidence that he had contracted category 1 disease. However, the employer alleged that claimant had made a false representation on his medical history concerning a prior diagnosis...

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