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DUTY v. DOUBLE EAGLE CO.

Nos. 96-SC-288-WC, 96-SC-312-WC.

939 S.W.2d 874 (1997)

Larry DUTY, Appellant, v. DOUBLE EAGLE COMPANY; Special Fund; Lloyd R. Edens, Administrative Law Judge; and Workers' Compensation Board, Appellees, and Robert E. SPURLIN, Director of Special Fund, Successor to William O. Windchy, Appellant, v. Larry DUTY; Double Eagle Company; Lloyd R. Edens, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

February 27, 1997.

Attorney(s) appearing for the Case

Jonathan Stanley, Wilson & Stanley, Lexington, for Larry Duty.

David Randall Allen, Labor Cabinet, Special Fund, Louisville, for Robert Spurlin.

Stanley S. Dawson, Thomas L. Ferreri, Lexington, for appellee Double Eagle Co.

OPINION OF THE COURT

This appeal concerns the date upon which the Special Fund must commence payment of its share of a workers' compensation award where the worker and the employer have reached a pre-award, lump-sum settlement. It also concerns the rate at which the Special Fund must pay its share of the award.

On April 5, 1993, claimant suffered a heart attack which he alleged was caused by work. Subsequently...

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