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FLEMING v. WINDCHY

No. 96-SC-100-WC.

953 S.W.2d 604 (1997)

Hurshel FLEMING, Appellant, v. William WINDCHY, Acting Director of Special Fund; Sun Glo Coal Company, Inc.; Trojan Mining, Inc.; Mine 25 Corporation; Mine 26 Corporation; Mine 26 Processing Corporation; Uninsured Employers Fund; Donna H. Terry, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing October 30, 1997.

Attorney(s) appearing for the Case

R. Rowland Case, Friend & Case, Pikeville, for Hurshel Fleming.

David W. Barr, Appellate Attorney, Louisville, for Special Fund.

Jeffrey D. Damron, Benita J. Riley, Riley & Damron, P.S.C., Prestonsburg, for Sun Glo Coal Company, Inc.

Clyde F. Johnson, Prestonsburg, for Trojan Mining, Inc.

D.B. Kazee, Kazee, Kinner & Chafin, Prestonsburg, for Mine 25 Corporation, Mine 26 Corporation, and Mine 26 Processing Corporation.

Dana C. Stinson, Frankfort, for Uninsured Employers Fund.

Donna H. Terry, Chief Administrative Law Judge, Frankfort, for Donna H. Terry.

Walter W. Turner, Commissioner, Department of Workers' Claims, Frankfort, for Workers' Compensation Board.

STUMBO, Justice.

On March 16, 1990, claimant injured his back at work while in the employ of Sun Glo Coal Company (Sun Glo). He was paid temporary, total disability (TTD) benefits until August 19, 1990, after which he returned to work despite continuing problems with his back. On April 9, 1991, claimant again injured his back at work while in the employ of Trojan Mining, Inc. (Trojan), the successor corporation to Sun Glo. Claimant was paid TTD benefits until July...

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