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DAVIS v. ISLAND CREEK COAL CO.

No. 97-SC-153-WC.

969 S.W.2d 712 (1998)

Thomas DAVIS, Appellant, v. ISLAND CREEK COAL COMPANY; Honorable Richard Campbell, Jr., Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

June 18, 1998.

Attorney(s) appearing for the Case

Dick Adams, Adams, Day, Whitfield, Ramey & Burns, Madisonville, for appellant.

Michael F. Dahlen, Steve Erdely, IV, Feirich, Mager, Green & Ryan, Carbondale, IL, for appellee Island Creek Coal Company.

Richard H. Campbell, Jr., Administrative Law Judge, Danville, for appellee Richard Campbell, Jr.

Walter W. Turner, Commissioner, Department of Workers' Claims, Frankfort, for appellee Workers' Compensation Board.

COOPER, Justice.

This is an appeal from an order of the Court of Appeals which dismissed Appellant's petition for review of an order of the workers' compensation board on grounds of lack of subject matter jurisdiction. The issue is whether the board's reversal of a retraining incentive benefits (RIB) award and remand for reconsideration was a final and appealable order.

KRS 342.316(2)(d)3 provides:

Within sixty (60) days of the receipt of the claim...

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