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BALLOU v. ENTERPRISE MIN. CO., LLC

2016-SC-000039-WC.

512 S.W.3d 724 (2017)

Ray BALLOU, Appellant v. ENTERPRISE MINING CO., LLC; Hon. Roland Case, Administrative Law Judge; Workers' Compensation Board; and Kentucky Attorney General Appellees.

Supreme Court of Kentucky.

RENDERED: March 23, 2017.

Attorney(s) appearing for the Case

COUNSEL FOR APPELLANT: Thomas Wayne Moak , Moak & Nunnery, PSC.

COUNSEL FOR APPELLEE, ENTERPRISE MINING CO., LLC.: Hugh Brettelle Stonecipher , Tighe A. Estes , Fogle Keller Purdy, PLLC.

COUNSEL FOR APPELLEE, KENTUCKY ATTORNEY GENERAL: Andy Beshear , James Robert Carpenter , Office of Kentucky Attorney General.

An Administrative Law Judge (ALJ) found that Ray Ballou has a radiographic classification of category 1/1 coal workers' pneumoconiosis (CWP) with spirometric test values that exceed 80%. Based on those findings, the ALJ awarded Ballou retraining incentive benefits (RIB). However, because of Ballou's advanced...

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