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HOWARD v. PEABODY COAL CO.

No. 2005-SC-0327-WC.

185 S.W.3d 165 (2006)

Jimmy HOWARD and Dick Adams, Attorney Appellants, v. PEABODY COAL COMPANY; Hon. J. Landon Overfield, Administrative Law Judge; Hon. Christopher H. Smith; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

February 23, 2006.

Attorney(s) appearing for the Case

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

Peter J. Glauber, Boehl, Stopher & Graves, LLP, Louisville, Counsel for Appellee, Peabody Coal Company.

Robert L. Whittaker, Kentucky Labor Department, Frankfort, Counsel for Appellee, Kentucky Labor Department.

OPINION OF THE COURT

An Administrative Law Judge (ALJ) denied the claimant's attorney a fee for services rendered in obtaining a Retraining Incentive Benefits (RIB) award on the ground that that 803 KAR 25:125 did not authorize an attorney fee until such time as the claimant received payments under the award pursuant to KRS 342.732(1)(a)2 or 3. The Workers' Compensation Board and the Court of Appeals affirmed. This appeal by the claimant's attorney asserts that...

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