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LEECO, INC. v. SMITH

No. 98-SC-49-WC.

970 S.W.2d 337 (1998)

LEECO, INC., Appellant, v. Lee Roy SMITH; Robert L. Whittaker, Director of Special Fund; J. Landon Overfield, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

June 18, 1998.

Attorney(s) appearing for the Case

Timothy J. Walker, London, for appellant.

James D. Holliday, Hazard, for appellee Smith.

David Randall Allen, Louisville, for appellee Whittaker.

OPINION OF THE COURT

This appeal is the sequel to Smith v. Leeco, Inc., Ky., 897 S.W.2d 581 (1995), which concerned a 1991 claim for income benefits pursuant to KRS 342.732(1)(d). In the original proceeding, an Administrative Law Judge (ALJ) determined that claimant suffered from category 2 coal workers' pneumoconiosis. However, since claimant continued to be employed in the coal industry, the claim was dismissed. Subsequently...

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