LESLIE COUNTY FISCAL COURT v. ADAMS

Nos. 97-SC-811-WC, 97-SC-812-WC.

965 S.W.2d 152 (1998)

LESLIE COUNTY FISCAL COURT, Appellant, v. Roger ADAMS; Ron Christopher, Director of Special Fund; Donna H. Terry, Chief Administrative Law Judge; and Workers' Compensation Board, Appellees. Robert L. WHITTAKER, Acting Director of Special Fund, Cross-Appellant, v. LESLIE COUNTY FISCAL COURT; Roger Adams; Donna H. Terry, Chief Administrative Law Judge; and Workers' Compensation Board, Cross-Appellees.

Supreme Court of Kentucky.

March 19, 1998.


Attorney(s) appearing for the Case

Robert Mark Beal, Williams & Wagoner, Louisville, for Leslie County Fiscal Court.

Benjamin C. Johnson, Labor Cabinet—Special Fund, Louisville, for Whittaker and Christopher.

Rickey D. Bailey, Manchester, for Adams.


OPINION OF THE COURT

This appeal concerns whether an award of total disability due to injury may be credited for overlapping benefits payable under a previous retraining incentive benefit (RIB) award where the issue of credit was not listed on the prehearing order.

Claimant was awarded a RIB, left the mining industry, and was totally disabled by a back injury sustained in the course of his subsequent employment...

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