SLONE v. R & S MINING, INC.

No. 2001-SC-0469-WC.

74 S.W.3d 259 (2002)

Fred SLONE, Appellant, v. R & S MINING, INC., Robert L. Whittaker, Director of Special Fund; Sheila C. Lowther, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Case Ordered Published by Supreme Court May 16, 2002.


Attorney(s) appearing for the Case

Ronald C. Cox, Johnnie L. Turner, P.S.C., Harlan, Counsel for Appellant.

David H. Neeley, Neeley & Reynolds, P.S.C., Prestonsburg, Counsel for Appellee, R & S Mining, Inc.

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


OPINION OF THE COURT

This workers' compensation appeal concerns whether a worker who sustained no exposure to coal dust after July, 1990, and whose claim for occupational disease benefits was dismissed in 1991 for insufficient evidence should have been permitted to reopen the claim in 2000 because he presented evidence of a higher disease category and respiratory impairment than he introduced in the initial claim.

The claimant's 1991 application for benefits...

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