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WHITTAKER v. FLEMING

Nos. 1999-SC-0582-WC, 1999-SC-0595-WC.

25 S.W.3d 460 (2000)

Robert L. WHITTAKER, Director of Special Fund, Appellant, v. Hurshel FLEMING; Sun Glo Coal Company, Inc.; Trojan Mining, Inc.; Mine 25 Corporation; Mine 26 Corporation; Mine 26 Processing Corporation; Uninsured Employers' Fund; Donna Terry, Chief Administrative Law Judge; and Workers' Compensation Board, Appellees. Mine 25 Corporation, Mine 26 Corporation, Mine 26 Processing Corporation, and Uninsured Employers' Fund, Cross-Appellants, v. Hurshel Fleming; Sun Glo Coal Company, Inc.; Trojan Mining, Inc.; Special Fund; Hon. Donna Terry, Chief Administrative Law Judge; and Workers' Compensation Board, Cross-Appellees.

Supreme Court of Kentucky.

Case Ordered Published by Supreme Court August 24, 2000.

Attorney(s) appearing for the Case

David R. Allen, David W. Barr, Frankfort, for Whittaker and Special Fund.

Ralph Roland Case, Pikeville, for Fleming.

Benita J. Riley, Jeffrey D. Damron, Riley & Watlers, P.S.C., Prestonsburg, for Sun Glo Coal Corp.

Clyde F. Johnson, Prestonsburg, for Trojan Mining, Inc.

Robert J. Patton, Zee, Kinner, & Chafin, Prestonsburg, for Mine 25 Corp., Mine 26 Corp., and Mine 26 Processing Corp.

Dana C. Stinson, Asst. Atty. Gen., Frankfort, Counsel for Uninsured Employers' Fund.

OPINION OF THE COURT

This workers' compensation appeal is a sequel to Fleming v. Windchy, Ky., 953 S.W.2d 604 (1997), wherein the worker was rendered totally disabled by the partially disabling back injuries which occurred in 1990 and 1991 and were sustained in different employments. We reversed an award of total disability which was divided equally between the two injuries...

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