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BREEDING v. COLONIAL COAL CO.

No. 98-SC-67-WC.

975 S.W.2d 914 (1998)

Clair BREEDING, Appellant, v. COLONIAL COAL COMPANY; Richard H. Campbell, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Rehearing Denied October 15, 1998.

Attorney(s) appearing for the Case

Dennis James Keenan, III, Anderson, Hinkle, Keenan, and Childers, P.S.C., South Williamson, for Appellant.

Hon. Kimberly Sue May-Downey, Penelope Justice Turner, Robinette and Associates, Attorneys at Law, P.S.C., Pikeville, for Appellee Colonial Coal Co.

OPINION OF THE COURT

After suffering a heart attack, claimant chose to retire from coal mining in December, 1991. By virtue of his age, he was eligible for and began collecting social security retirement benefits. On December 18, 1995, he filed a claim for a retraining incentive benefit (RIB). The Administrative Law Judge (ALJ) was persuaded that claimant suffered from category 1 pneumoconiosis. The ALJ noted that the record would not support a finding that claimant...

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