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MARTIN COUNTY COAL CORP. v. PREECE

No. 95-CA-000588-WC.

924 S.W.2d 840 (1996)

MARTIN COUNTY COAL CORPORATION, Appellant, v. Billy PREECE; John F. Kelley, Jr., Administrative Law Judge; and Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

Case Ordered Published by Court of Appeals June 21, 1996.

As Modified June 21, 1996.

Attorney(s) appearing for the Case

Leo A. Marcum, Lowmansville, for Appellant.

J. Drew Anderson, Prestonsburg, for Appellee Billy Preece.

Before LESTER, C.J., and DYCHE and EMBERTON, JJ.

EMBERTON, Judge.

Martin County Coal Corporation petitions this court for review of a decision of the Workers' Compensation Board rendered February 23, 1995. The Board affirmed the ALJ's opinion and award entered November 29, 1994. Martin County Coal seeks reversal on the basis of two arguments: (1) Preece's claim should have been dismissed for lack of due and timely notice; and (2) benefits, if properly awarded in the first place, should have been based on the 1993...

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