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AIG/AIU INS. CO. v. SOUTH AKERS MINING CO.

No. 2005-SC-0178-WC.

192 S.W.3d 687 (2006)

AIG/AIU INSURANCE COMPANY, Appellant, v. SOUTH AKERS MINING COMPANY, LLC; Ronnie Charles, Deceased, Tammy Charles, Administratrix; Hon. Donna H. Terry, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing June 15, 2006.

Attorney(s) appearing for the Case

Dennis R. McGlincy, Louisville, Counsel for Appellant.

Sherri P. Brown, Ferreri & Fogle, Lexington, Counsel for Appellee, South Akers Mining Company, LLC.

Miller Kent Carter, Pikeville, Counsel for Appellees, Ronnie Charles, Deceased, and Tammy Charles, Administratrix.

OPINION OF THE COURT

On September 16, 1999, Ronnie Charles was killed in a roof fall accident while working for the defendant-employer as an underground coal miner. It was later found that the accident resulted from the employer's intentional violation of several mine safety statutes and regulations and that his surviving spouse and minor child were entitled to increased benefits under KRS 342.165(1). Affirming decisions by an Administrative Law Judge and the Workers...

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