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BEGLEY v. MOUNTAIN TOP, INC.

No. 97-SC-318-WC.

968 S.W.2d 91 (1998)

James F. BEGLEY, Appellant, v. MOUNTAIN TOP, INC.; Hon. Robert Spurlin, Director of Special Fund; Hon. Donna Terry, Chief Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

May 21, 1998.

Attorney(s) appearing for the Case

Otis Doan, Jr., P.S.C., Harlan, for Appellant.

Jeffrey D. Damron, Riley, Walters & Damron, P.S.C., Prestonsburg, for Appellee/Mountain Top, Inc.

David R. Allen, Labor Cabinet—Special Fund, Louisville, for Appellee/Special Fund.

OPINION OF THE COURT

This matter is before the Court as an appeal by claimant from an opinion of the Court of Appeals affirming the decision of the Workers' Compensation Board (Board). The Board's opinion upheld the order of the Chief Administrative Law Judge (CALJ) to dismiss the application for benefits on the grounds that claimant had failed to establish causation with respect to the defendant-employer, Mountain Top.

Claimant testified that he received...

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