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SCOTT v. AEP KENTUCKY COALS, LLC

No. 2005-CA-002486-WC.

196 S.W.3d 24 (2006)

Franklin SCOTT, Appellant, v. AEP KENTUCKY COALS, LLC; Hon. A. Thomas Davis, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

June 30, 2006.

Attorney(s) appearing for the Case

John Harlan Callis III, Kirk Law Firm, PSC, Paintsville, KY, for appellant.

Terri Smith Walters, Jones, Walters, Turner & Shelton PLLC, Pikeville, KY, for appellee.

Before McANULTY and MINTON, Judges; BUCKINGHAM, Senior Judge.

OPINION

McANULTY, Judge.

Franklin Scott appeals from an opinion of the Workers' Compensation Board. The Board held that Scott could not receive additional benefits upon reopening his claim for worsening of pneumoconiosis because he had no additional exposure to coal dust since filing an earlier petition to reopen. Scott argues on appeal that the statutes on which the Board based its opinion are unconstitutional because they fail to provide due process...

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