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GOLDEN OAK MIN. v. COAL WORKERS'

No. 1999-SC-0638-WC.

19 S.W.3d 99 (2000)

GOLDEN OAK MINING, COMPANY, L.P., Appellant, v. KENTUCKY COAL WORKERS' PNEUMOCONIOSIS FUND; Larry David Cook; Lloyd R. Edens, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

May 18, 2000.

Attorney(s) appearing for the Case

Barkley J. Sturgill, Jr., Fitzpatrick, Osborne, & Sturgill, P.S.C., Prestonsburg, for Appellant.

Robert E. Spurlin, Kentucky Coal Workers' Pneumoconiosis Fund, Frankfort, for Appellee Kentucky Coal Workers' Pneumoconiosis Fund.

George C. Perry, III, Paintsville, for Appellee Cook.

OPINION OF THE COURT

This workers' compensation appeal concerns a matter of first impression with regard to the obligation of employers to defend claims brought under KRS 342.732 and then to seek participation in payment of the final award or settlement from the Kentucky Coal Workers' Pneumoconiosis Fund (Fund) pursuant to KRS 342.1242 as effective December 12, 1996.

Claimant worked in the coal industry for...

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