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HARLAN KENTUCKY VIRGINIA COAL v. BAKER

Nos. 96-CA-1540-WC, 96-CA-1565-WC.

957 S.W.2d 728 (1997)

HARLAN KENTUCKY VIRGINIA COAL, INC., Appellant, v. Ronald Keith BAKER; Hon. J. Landon Overfield, Administrative Law Judge; and Workers' Compensation Board, Appellees. AERO ENERGY, Appellant, v. James THORNSBURY; Hon. Ronald W. May, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

Case Ordered Published by Court of Appeals December 5, 1997.

Attorney(s) appearing for the Case

Eileen M. O'Brien, Lexington, for Appellant Harlan Kentucky Virginia Coal, Inc.

Natalie D. Brown, Lexington, for Appellant, Aero Energy.

Tim Wilson, Lexington, for Appellee, Ronald Keith Baker.

J. Drew Anderson, Prestonsburg, for Appellee, James Thornsbury.

Before GUIDUGLI, KNOPF and SCHRODER, JJ.

OPINION

GUIDUGLI, Judge.

The Workers' Compensation Board (WCB) consolidated these two appeals which both present the same question as to the statutory interpretation of KRS 342.732(1)(a). We affirm the Board's opinion.

KRS 342.732(1)(a) was amended effective April 4, 1994, to include a requirement that the direct receipt of retraining incentive benefits (RIB) by a worker could only occur when he had left the mining industry "through no fault...

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