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WHITTAKER v. BROCK

No. 2001-SC-0320-WC.

80 S.W.3d 428 (2002)

Robert L. WHITTAKER, Director of Special Fund Appellant v. Crystal BROCK; Hiram Brock (Deceased); Golden Glow Coal Company, Inc.; J. Kevin King, Administrative Law Judge; and Workers' Compensation Board Appellees

Supreme Court of Kentucky.

Rehearing Denied August 22, 2002.

Attorney(s) appearing for the Case

John Burrell, Labor Cabinet—Special Fund, Frankfort, Counsel for Appellant.

Christy L. Muncy, Law Office of Kenneth A. Buckle, Hyden, Counsel for Appellee, Crystal Brock.

OPINION OF THE COURT

Upon the death of a worker "who has filed, or could have timely filed a valid [workers' compensation] claim in his lifetime," KRS 342.730(3) requires that specified portions of the income benefits that have not yet been paid to the deceased worker shall be paid to certain classes of surviving dependents. Among those dependents are children who are under the age of 18 or incapable of self-support. KRS 342.730(3) contains no explicit period of...

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