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WHITTAKER v. THORNSBERRY

No. 2001-SC-0404-WC.

72 S.W.3d 585 (2002)

Robert L. WHITTAKER, Director of Special Fund, Appellant, v. Homer THORNSBERRY; Golden Oak Mining Co., L.P.; Roger D. Riggs, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Case Ordered Published by Supreme Court April 25, 2002.

As Corrected May 15, 2002.

Attorney(s) appearing for the Case

David R. Allen, Labor Cabinet-Special Fund, Frankfort, for appellant.

David H. Neeley, Neeley & Reynolds, PSC, Barkley J. Sturgill, Jr., Fitzpatrick, Osborne & Sturgill, PSC, Prestonsburg, for appellee Golden Oak Mining Company, L.P.

Miller Kent Carter, Branham & Carter, PSC, Pikeville, for appellee Homer Thornsberry.

OPINION OF THE COURT

The claimant was awarded total disability benefits for pneumoconiosis and later was awarded 66 weeks of temporary, total disability (TTD) benefits for an injury, with the payment of both beginning on August 10, 1992. During the pendency of the injury claim, he and his employer agreed to settle it for the TTD benefits and for an additional lump sum of $30,000, with the lump sum being applied to offset the employer's concurrent liability for the...

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