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ROBERTS BROS. COAL CO. v. ROBINSON

No. 2002-SC-0825-WC.

113 S.W.3d 181 (2003)

ROBERTS BROTHERS COAL COMPANY, Appellant, v. Lesley ROBINSON; Hon. James L. Kerr, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

August 21, 2003.

Attorney(s) appearing for the Case

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

Dick Adams, Adams, Ramey & Burns, Madisonville, Counsel for Appellee.

OPINION OF THE COURT

The Court of Appeals and the Workers' Compensation Board (Board) have determined that the existence of a noncompensable impairment due to the natural aging process did not limit the claimant to permanent partial disability benefits and, furthermore, that the Administrative Law Judge (ALJ) erred when concluding that the claimant's total disability benefit must be reduced by 25% because 25% of his impairment was due to the natural aging process...

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