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MEADE v. SPUD MINING

Nos. 96-CA-768-WC, 96-SC-770-WC, 96-SC-774-WC to 96-SC-776-WC.

949 S.W.2d 584 (1997)

Tommy MEADE, Appellant, v. SPUD MINING; George S. Schuhmann, Administrative Law Judge; and Workers' Compensation Board, Appellees. Robert RAMEY, Appellant, v. FOOLS GOLD ENERGY; Donald G. Smith, Administrative Law Judge; and Workers' Compensation Board, Appellees. Franklin A. McQUEEN, Appellant, v. BARBARA C. COAL COMPANY; Donald G. Smith, Administrative Law Judge; and Workers' Compensation Board, Appellees. Billy SOWARDS, v. M M & B COAL COMPANY/COAL MAC, INC.; Donald G. Smith, Administrative Law Judge; and Workers' Compensation Board, Appellees. Elmer B. DAVIS, Appellant, v. MINTON HICKORY COAL COMPANY; Ronald W. May, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Rehearing Denied September 4, 1997.

Attorney(s) appearing for the Case

Jonathan Stanley, Rebecca Baylous, Thomas G. Polites, Timothy J. Wilson, Wilson & Stanley, Lexington, for Appellants.

Deron L. Johnson, Prestonsburg, for Appellee Spud Mining.

Paul E. Jones, Pikeville, for Appellee Fools Gold Energy.

John V. Porter, Wells, Porter, Schmitt & Jones, Paintsville, for Appellee Barbara C. Coal Co.

Eric D. Hall, Prestonsburg, for Appellee M M & B Coal Co./ Coal Mac, Inc.

Barry Lewis, Hazard, for Appellee Minton Hickory Coal Co.

OPINION OF THE COURT

The claim for retraining incentive benefits (RIB) which is the subject of each of these workers' compensation appeals was filed on or before April 4, 1994, the effective date of the 1994 amendment to KRS 342.732(1)(a). Therefore, each claim was pending on that date. None of the workers was engaged in retraining at the time of his award, and all continued to be employed in the coal mining industry...

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