ZIELINSKI CONSTRUCTION COMPANY v. BURDEN

No. 2000-SC-0845-WC.

62 S.W.3d 14 (2001)

ZIELINSKI CONSTRUCTION COMPANY, Appellant, v. Stephen BURDEN; Thomas A. Nanney, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

September 27, 2001.


Attorney(s) appearing for the Case

John C. Morton, Samuel J. Bach, Morton & Bach, Henderson, Counsel for Appellant.

Ronald K. Bruce, Greenville, Counsel for Appellee Burden.


OPINION OF THE COURT

This workers' compensation appeal concerns a retraining incentive benefit (RIB) claim in which the last exposure occurred before December 12, 1996, but in which the claim was filed after that date. At issue is whether the filing date controls the worker's entitlement to the benefit. We conclude that it does not.

The claimant received his last injurious exposure to coal dust on July 5, 1996, but his RIB claim was not filed until July...

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