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WHITTAKER v. HURST

No. 2000-SC-0393-WC.

39 S.W.3d 819 (2001)

Robert L. WHITTAKER, Director of Special Fund, Appellant, v. Jack HURST; Carbon River Coal Company; J. Landon Overfield, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

March 22, 2001.

Attorney(s) appearing for the Case

Joel D. Zakem, Labor Cabinet—Special Fund, Frankfort, Counsel for Appellant.

James D. Holliday, Hazard, Counsel for Appellee Hurst.

John V. Porter, Paintsville, Counsel for Appellee Carbon River Coal Co.

OPINION OF THE COURT

This workers' compensation appeal concerns a matter of first impression: whether a worker who sought to reopen an award of income benefits for coal workers' pneumoconiosis was required to offer evidence of both a progression of the disease and a progression of respiratory impairment. KRS 342.125(2)(a).

The claimant was last exposed to coal dust on February 16, 1994. Shortly thereafter, he filed a claim in which he sought benefits for...

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