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STEVEN LEE ENTERPRISES v. VARNEY

No. 1999-SC-0129-WC, 1999-SC-0165-WC.

36 S.W.3d 391 (2000)

STEVEN LEE ENTERPRISES, Appellant, v. Tressa VARNEY, Mother and Natural Guardian of Samantha Danielle Varney, Infant Daughter of Danny Varney, Deceased; Robert Whittaker, Director of Special Fund; Denis S. Kline, Administrative Law Judge; and Workers' Compensation Board, Appellees. and Robert L. Whittaker, Director of Special Fund, Appellant, v. Tressa Varney, Mother and Natural Guardian of Samantha Danielle Varney, Infant Daughter of Danny Varney, Deceased; Steven Lee Enterprises; Denis S. Kline, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Rehearing Denied February 22, 2001.

Attorney(s) appearing for the Case

David H. Neeley, Neeley & Reynolds Law Firm, P.S.C., Prestonsburg, Counsel for Steven Lee Enterprises.

David W. Barr, Kentucky Labor Cabinet, Division of Special Fund, Frankfort, Counsel for Robert L. Whittaker, Etc.

Robert J. Greene, Kelsey E. Friend Law Firm, Pikeville, Counsel for Tressa Varney, etc.

COOPER, Justice.

Danny Varney became disabled by pneumoconiosis on March 5, 1988. He filed his verified application for adjustment of claim in May 1988. His application identified his wife as Ardena Varney and his dependent children as Darrell Varney, Danny Varney and Jason Varney, all residing with him at General Delivery, Kimper, Kentucky. Varney was found to be totally disabled under the 1988 version of KRS 342.732(1...

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