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WHITTAKER v. REEDER

No. 1999-SC-0796-WC, 1999-SC-0829-WC.

30 S.W.3d 138 (2000)

Robert L. WHITTAKER, Director of the Special Fund Appellant, v. Clyde REEDER; Eastover Mining Company; Donald G. Smith, Administrative Law Judge; and Workers' Compensation Board Appellees. and Eastover Mining Company Cross-Appellant, v. Clyde Reeder; Robert L. Whittaker, Director of Special Fund; Donald G. Smith, Administrative Law Judge; and Workers' Compensation Board Cross-Appellees.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing November 22, 2000.

Attorney(s) appearing for the Case

David R. Allen, Labor Cabinet—Special Fund, Frankfort, for Whittaker.

Antony Saragas, Huff Law Offices, Harlan, for Eastover Mining Co.

Edward L. Bowling, Stumbo, Bowling, & Barber, P.S.C., Middlesboro, for Reeder.

OPINION

LAMBERT, Chief Justice.

This appeal concerns whether, when considering an appeal following a reopening, the "new" Workers' Compensation Board (Board) exceeded its authority by considering sua sponte a substantial error in the calculation of the initial award and by directing the Administrative Law Judge (ALJ) to enter an award at reopening which was based upon a correct computation of the weekly benefit for the claimant's entire compensable...

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