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WHITAKER COAL CO. v. MELTON

No. 1998-CA-002861-WC.

18 S.W.3d 361 (2000)

WHITAKER COAL COMPANY, Appellant, v. George S. MELTON; Hon. Robert Whittaker, Director, Special Fund; Hon. Richard H. Campbell, Jr., Administrative Law Judge; and Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

Case Ordered Published by Court of Appeals April 21, 2000.

Attorney(s) appearing for the Case

Charles W. Berger, Harlan, for Appellant.

Donald Wayne Taylor, Jr., Prestonsburg, for Appellee, George Melton.

Joel D. Zakem, Louisville, for Appellee, Special Fund.

Before: BUCKINGHAM, COMBS and JOHNSON, Judge.

OPINION

JOHNSON, Judge:

Whitaker Coal Company appeals from an opinion of the Kentucky Workers' Compensation Board rendered on November 6, 1998, which affirmed the opinion, award and order of the Administrative Law Judge, which awarded retraining incentive benefits (RIB) to George S. Melton. Since we reject Whitaker Coal's arguments (1) that it was improper for Melton's award to be made under the provisions of KRS1 342...

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