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BLACKBURN v. LOST CREEK MINING

Nos. 2000-SC-0098-WC, 2000-SC-0122-WC.

31 S.W.3d 921 (2000)

Ronald W. BLACKBURN, Appellant, v. LOST CREEK MINING; Lost Creek Mining, as Insured by Old Republic Insurance Company; Frasure Branch; Special Fund; Lloyd R. Edens, Administrative Law Judge; and Workers' Compensation Board, Appellees. Lost Creek Mining, Cross-Appellant, v. Ronald W. Blackburn; Frasure Branch Coal Company; Special Fund; Lloyd R. Edens, Administrative Law Judge; and Workers' Compensation Board, Cross-Appellees.

Supreme Court of Kentucky.

November 22, 2000.

Attorney(s) appearing for the Case

Ronnie Merel Slone, Prestonsburg, for Blackburn.

David H. Neeley, Neeley & Reynolds Law Firm, P.S.C., Prestonsburg, for Lost Creek Mining.

Benita J. Riley, Riley & Walters, Prestonsburg, for Lost Creek Mining, as Insured by Old Republic Ins. Co.

John Harlan Callis, III, Boehl, Stopher, & Graves, Prestonsburg, for Frasure Branch.

David R. Allen, David W. Barr, Labor Cabinet, Special Fund, Frankfort, for Special Fund.

OPINION OF THE COURT

This workers' compensation appeal concerns whether the Court of Appeals erred by reversing the claimant's retraining incentive benefit (RIB) award based upon its construction of KRS 342.125 as precluding the reopening of a dismissed RIB claim.

In 1992, the claimant had filed a RIB claim against a former employer and submitted medical reports from Drs. Myers and Baker which indicated the presence of category 1/0 pneumoconiosis. Reports...

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