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WHITTAKER v. SMITH

No. 99-SC-21-WC.

998 S.W.2d 476 (1999)

Robert L. WHITTAKER, Director of Special Fund, Appellant, v. Bill SMITH, Deceased; Sally Smith, Widow; Wolfe Creek Collieries; Donna H. Terry, Chief Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

August 26, 1999.

Attorney(s) appearing for the Case

David R. Allen, Labor Cabinet, Special Fund, Louisville, for Appellant.

Eugene Rice, Paintsville, for Appellees Smith.

Bennett Clark, Lexington, for Appellee Wolfe Creek Collieries.

This workers' compensation appeal concerns whether the widow of an injured worker who died for reasons unrelated to his work injury is entitled to a continuation of benefits under his award. KRS 342.730(3).

Bill Smith was born on August 27, 1928, and had a second grade education. His entire employment history involved work in and around the coal mining industry. In 1954, he was married to Sally Smith, the claimant herein. Mr. Smith was seriously injured at work on...

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