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SIDNEY COAL CO., INC. v. KIRK

No. 2011-SC-000175-WC.

364 S.W.3d 168 (2012)

SIDNEY COAL COMPANY, INC., Appellant, v. Paul KIRK; Honorable Lawrence F. Smith, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

April 26, 2012.

Attorney(s) appearing for the Case

A. Stuart Bennett , Jackson Kelly PLLC, Lexington, KY, Counsel for Appellant, Sidney Coal Company, Inc.

John Earl Hunt , Stanville, KY, Counsel for Appellee, Paul Kirk.

OPINION OF THE COURT

The Workers' Compensation Board affirmed an Administrative Law Judge's (ALJ's) decision to triple the income benefits awarded for the claimant's injury and hearing loss claims but reversed the maximum combined weekly benefit sua sponte and remanded with directions to correct the amount. The employer appeals the decision in which the Court of Appeals affirmed. At issue are whether the evidence supported a triple benefit for the hearing...

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