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SOUTHERN v. R.B. COAL CO., INC.

Nos. 95-CA-2077-WC, 95-CA-2246-WC.

923 S.W.2d 902 (1996)

Doyle Lee SOUTHERN, Appellant, v. R.B. COAL COMPANY, INC.; Special Fund; John F. Kelley, Jr., Administrative Law Judge; Kentucky Workers' Compensation Board, Appellees. R.B. COAL COMPANY, INC., Cross-Appellant, v. Doyle Lee SOUTHERN; Special Fund; John F. Kelley, Jr., Administrative Law Judge; Kentucky Workers' Compensation Board, Cross-Appellees.

Court of Appeals of Kentucky.

Modified and Ordered Published May 31, 1996.

Attorney(s) appearing for the Case

Mark L. Ford, Harlan, for appellant Southern.

Gayle G. Huff, Antony Saragas, Harlan, for appellee R.B. Coal Co., Inc.

David W. Barr, Louisville, for appellee Special Fund.

Before JOHNSTONE, MILLER and WILHOIT, JJ.

OPINION

MILLER, Judge:

Doyle Lee Southern and the Special Fund ask us to review a July 7, 1995, opinion of the Workers Compensation Board (board). Ky.Rev.Stat. (KRS) 342.290. The board affirmed the October 28, 1994, award of benefits to Southern for coal workers' pneumoconiosis, but remanded the matter to the Administrative Law Judge (ALJ) for modification of the award to include a provision requiring the "tier...

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