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ROBINSON v. BAILEY MINING COMPANY

No. 98-SC-942-WC.

996 S.W.2d 38 (1999)

Ronald ROBINSON, Appellant, v. BAILEY MINING COMPANY; Consol of Kentucky, Inc.; Special Fund; Zaring P. Robertson, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

June 17, 1999.

Attorney(s) appearing for the Case

Phyllis L. Robinson, London, Ralph Roland Case, Pikeville, for appellant.

David H. Neeley, Neeley & Reynolds Law, Offices, P.S.C., Prestonsburg, for appellee Bailey Mining Co.

Natalie D. Brown, John W. Walters, Jackson & Kelly, Lexington, for appellee Consol of Kentucky, Inc.

Joel D. Zakem, Labor Cabinet—Special Fund, Louisville, for appellee Special Fund.

OPINION OF THE COURT

This workers' compensation appeal concerns whether a worker who settled the claim for a work injury was entitled to reopen the claim subsequent to a second injury, in order to receive combined benefits for total, occupational disability, without demonstrating an increase of occupational disability for which a worsening of the initial injury, itself, was the proximate cause.

Claimant severed his left forearm in a 1980 work-related accident...

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