FIELDS v. CARBON RIVER COAL CO.

Nos. 95-CA-000036-WC, 95-CA-000196-WC.

920 S.W.2d 880 (1996)

Ed Neil FIELDS, Appellant/Cross-Appellee, v. CARBON RIVER COAL COMPANY; Denis S. Kline, Administrative Law Judge; and Workers' Compensation Board, Appellees/Cross-Appellees, and William O. Windchy, Acting Director of Special Fund, Appellee/Cross-Appellant.

Court of Appeals of Kentucky.

As Modified March 8, 1996.

Case Ordered Published by Court of Appeals April 12, 1996.


Attorney(s) appearing for the Case

W. Barry Lewis, Holliday & Lewis, Hazard, for Appellant/Cross-Appellee.

Joel D. Zakem, Labor Cabinet, Louisville, for Appellee/Cross-Appellant Special Fund.

Before EMBERTON, GUDGEL and HUDDLESTON, JJ.


HUDDLESTON, Judge.

This review of a decision of the Workers' Compensation Board presents an issue of first impression under Ky.Rev.Stat. (KRS) 342.316(2)(b)2.b. and KRS 342.732, that is whether an Administrative Law Judge (ALJ) has the discretion to choose pre-bronchodilator or post-bronchodilator test results in a workers' pneumoconiosis claim. We hold that the ALJ does not have such discretion and, therefore, reverse...

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