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BELL v. CONSOL OF KENTUCKY, INC.

No. 2009-CA-000673-WC.

294 S.W.3d 459 (2009)

Mary BELL, Substituted Party For Rodney Bell, Deceased, Appellant, v. CONSOL OF KENTUCKY, INC.; Hon. R. Scott Borders, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

September 4, 2009.

Attorney(s) appearing for the Case

Kenneth C. Smith, III, Catlettsburg, KY, for appellant.

Stuart Bennett, Lexington, KY, for appellee, Consol Of Kentucky, Inc.

Before MOORE and NICKELL, Judges; HARRIS, Senior Judge.

OPINION

HARRIS, Senior Judge.

Mary Bell, substituted party for Rodney Bell, deceased, filed this petition for review of a decision by the Workers' Compensation Board, which affirmed the decision of the Administrative Law Judge (ALJ) to reduce the benefit payments by 50% pursuant to KRS 342.730(3). Bell argues that KRS 342.730(3) does not apply to settlement agreements and that the Board should have applied...

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