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BOLIN v. T & T MINING

No. 2006-SC-000787-WC.

231 S.W.3d 130 (2007)

Belinda BOLIN, Administratrix of the Estate of Darrel Bolin, Deceased, Appellant v. T & T MINING; Hon. Sheila C. Lowther, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

August 23, 2007.

Attorney(s) appearing for the Case

Sidney B. Douglass, Harlan, KY, Counsel for Appellant, Belinda Bolin, Administratrix of the Estate of Darrel Bolin, Deceased.

Terri Smith Walters, Jones, Walters, Turner & Shelton, PLLC, Pikeville, KY, Counsel for Appellee, T & T Mining.

OPINION OF THE COURT

KRS 342.125(5)(a) requires a worker seeking to reopen an award rendered under KRS 342.732 to make a preliminary showing that includes a progression of pneumoconiosis, the development of respiratory impairment due the disease, and two additional years of continuous exposure to the hazards of the disease in Kentucky.

Daniel Bolin supported his motion to reopen with evidence of a progression of pneumoconiosis and a greater respiratory impairment...

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