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DINGO COAL CO., INC. v. TOLLIVER

No. 2003-SC-0178-WC.

129 S.W.3d 367 (2004)

DINGO COAL COMPANY, INC., Appellant, v. McQuade TOLLIVER; Workers' Compensation Funds, Successor to Special Fund; Hon. Donald G. Smith, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

March 18, 2004.

Attorney(s) appearing for the Case

W. Barry Lewis, Francesca L. Maggard, Lewis and Lewis Law Offices, Hazard, Counsel for Appellant.

Edmond Collett, Monica J. Rice-Smith, Collett & Buckle, PSC, Hyden, Counsel for Appellee, McQuade Tolliver.

Joel D. Zakem, Kentucky Labor Cabinet, Frankfort, Counsel for Appellee, Workers' Compensation Funds.

OPINION OF THE COURT

The claimant injured his back in 1979 and received benefits for a 15% occupational disability. He moved to reopen the award in 2000 and was later awarded a total disability. Appealing decisions that affirmed the award, the employer asserts that the Administrative Law Judge (ALJ) erred by failing to determine that the December 12, 1996, amendment to KRS 342.125(1)(d) is remedial and by increasing the claimant's award absent objective medical...

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