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AAA MINE SERVICES v. WOOTEN

Nos. 97-SC-491-WC, 97-SC-492-WC.

959 S.W.2d 440 (1998)

AAA MINE SERVICES, Appellant, v. Roger Dale WOOTEN, William O. Windchy, Director of Special Fund, Hon. Donna H. Terry, Chief Administrative Law Judge, and Workers' Compensation Board, Appellees. Ron CHRISTOPHER, Director of Special Fund, Appellant, v. Roger Dale WOOTEN, AAA Mine Services, Hon. Donna H. Terry, Chief Administrative Law Judge, and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

January 22, 1998.

Attorney(s) appearing for the Case

Bonnie Jo Hoskins, Lexington, for AAA Mine Services.

Benjamin C. Johnson, Labor Cabinet, Special Fund, Louisville, for Ron Christopher.

Benjamin C. Johnson, Angeline B. Golden, Labor Cabinet, Special Fund, Louisville, for Appellee Windchy.

James D. Holliday, Hazard, for Appellee Wooten.

OPINION OF THE COURT

This appeal concerns whether claimant demonstrated a sufficient progression of coal workers' pneumoconiosis to prevail on a motion to reopen a retraining incentive benefit (RIB) award which was the product of a settlement. KRS 342.125(2)(a).

An agreement between claimant and the employer, which was approved on December 12, 1991, provided that claimant would receive a lump sum of $17,500.00...

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