MAGIC COAL CO. v. FOX

Nos. 1999-SC-0163-WC, 1999-SC-0509-WC.

19 S.W.3d 88 (2000)

MAGIC COAL COMPANY, Appellant, v. Ronnie FOX; Zaring P. Robertson, Administrative Law Judge; and Workers' Compensation Board, Appellees. Peabody Coal Company, Appellant, v. Billy Gene Hawes; Eddie Bealmear; Sheila C. Lowther, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

May 18, 2000.


Attorney(s) appearing for the Case

John C. Morton, Samuel J. Bach, Morton & Bach, Henderson, for Appellant Magic Coal Co.

Philip J. Reverman, Boehl, Stopher, & Graves, William P. Swain, Phillips, Parker, Orberson, & Moore, P.L.C., Louisville, for Appellant Peabody Coal Co.

John S. Sowards, Jr., Wilson, Sowards, Bowling, & Costanzo, Lexington, for Appellee Fox.

A. V. Conway, II, Hartford, for Appellee Hawes.

Harry R. Hinton, Madisonville, for Appellee Bealmear.


OPINION OF THE COURT

These workers' compensation appeals concern the portion of KRS 342.315(2) which became effective December 12, 1996, and which states that the findings and opinions of designated university medical evaluators "shall be afforded presumptive weight." At issue is whether the amendment governs claims which arose before its effective date.

The 1996 version of KRS 342.315 provides, in pertinent...

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