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WHITTAKER v. MORGAN

No. 2000-SC-1018-WC.

52 S.W.3d 567 (2001)

Robert L. WHITTAKER, Director of Special Fund, Appellant, v. Glenn O. MORGAN; Costain Coal, Inc., Now Lodestar Energy, Inc.; Donald G. Smith, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

August 23, 2001.

Attorney(s) appearing for the Case

John William Burrell, Labor Cabinet, Special Fund, Frankfort, for Appellant.

John S. Sowards, Jr., Wilson, Sowards, Polites & McQueen, Lexington, for Appellee Morgan.

Richard M. Joiner, Mitchell, Joiner, & Hardesty, P.S.C., Madisonville, for Appellee Costain Coal etc.

OPINION OF THE COURT

The claimant sought benefits for coal workers' pneumoconiosis and settled the matter with the employer and the Special Fund for a 75% occupational disability. Later, he successfully reopened the claim due to increased pulmonary impairment and was awarded a total disability against which no credit was given to the defendants for overlapping benefits that were payable under the settlement. A petition for reconsideration by the Special Fund requested...

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