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TECO/PERRY COUNTY COAL v. FELTNER

2018-SC-000215-WC 2018-SC-000216-WC 2018-SC-000217-WC.

582 S.W.3d 42 (2019)

TECO/PERRY COUNTY COAL, Appellant v. Paul FELTNER; Hon. Grant Roark, Administrative Law Judge; and Workers' Compensation Board, Appellees and McCoy-Elkhorn Coal Co., Inc., Appellant v. Robbie Hatfield; Hon. Jane Rice Williams, Administrative Law Judge; and Workers' Compensation Board, Appellees and Enterprise Mining Company, Appellant v. Herman Napier; Hon. William J. Rudloff, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Rehearing Denied September 26, 2019.

Attorney(s) appearing for the Case

COUNSEL FOR APPELLANT ENTERPRISE MINING COMPANY: Hugh Brettelle Stonecipher , Lexington, Fogle Keller Walker, PLLC.

COUNSEL FOR APPELLANT TECO/PERRY COUNTY COAL: Sarah Kathryn McGuire , Pikeville, Baird & Baird, P.S.C.

COUNSEL FOR APPELLANT MCCOY ELKHORN COAL CO., INC.: Morgan Fitzhugh , Hassman & Fitzhugh, PLLC.

COUNSEL FOR WORKERS' COMPENSATION BOARD: Michael W. Alvey .

COUNSEL FOR APPELLEE HERMAN NAPIER: McKinnley Morgan , Morgan Collins Yeast & Salyer.

COUNSEL FOR APPELLEE PAUL FELTNER: Timothy Jay Wilson , Lexington, Wilson & McQueen.

COUNSEL FOR APPELLEE ROBBIE HATFIELD: Charles P. Wheeler , Jr., Paintsville, Kirk Law Firm, PLLC.

COUNSEL FOR APPELLEE HONORABLE GRANT STEWART ROARK: Not Represented by Counsel.

COUNSEL FOR APPELLEE HONORABLE JANE RICE WILLIAMS: Not Represented by Counsel.

COUNSEL FOR APPELLEE HONORABLE WILLIAM J. RUDLOFF: Not Represented by Counsel.

By statute, workers' compensation claimants suffering hearing loss may not receive income benefits unless their whole person impairment rating ("WPI")—as determined by converting their binaural (both ears) impairment under the Guides to the Evaluation of Permanent Impairment ("Guides

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