McCOY ELKHORN COAL CORP. v. SARGENT

2017-SC-000616-WC.

553 S.W.3d 802 (2018)

McCOY ELKHORN COAL CORP. — Insolvent Employer; Kentucky Coal Employers Self-Insurance Fund, and Its TPA Healthsmart, Appellants, v. Jeannie SARGENT, as Widow, Personal Representative, and Administratrix of the Estate of Farley Sargent, II (Deceased); Jeannie Sargent, as Guardian of the Minor Children of Farley Sargent: Joshua Sargent, Allyssa Sargent and Sara Sargent and Joshua Sargent, Upon Reaching the Age of Eighteen; Hon. Jeannie Miller, Administrative Law Judge; and Workers' Compensation Board., Appellees.

Supreme Court of Kentucky.

August 16, 2018.


Attorney(s) appearing for the Case

COUNSEL FOR APPELLANTS: Terri Smith Walters , Pikeville, James Gregory Allen , Jones & Walters PLLC.

COUNSEL FOR APPELLEES: Roy J. Downey , The Law Offices of Ray S. Jones, PSC.


After Farley Sargent II was fatally injured while working in a Pike County mine in June 2012, his statutory beneficiaries settled their workers' compensation claims with his employer, McCoy Elkhorn Coal Corporation, leaving only a bifurcated issue regarding enhanced benefits. Specifically, Kentucky Revised...

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