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NEWBERG v. REYNOLDS

No. 91-SC-821-WC.

831 S.W.2d 170 (1992)

Vicki G. NEWBERG, Acting Director of Special Fund, Appellant, v. Russell REYNOLDS, National Mines Corporation, Bruce W. Cowden, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

May 14, 1992.

Attorney(s) appearing for the Case

John E. Stephenson, Labor Cabinet, Special Fund, Louisville, for appellant.

Ronnie Merel Slone, Prestonsburg, for appellee Reynolds.

David H. Neeley, Francis, Kazee & Francis, Prestonsburg, for appellee Nat. Mines Corp.

OPINION OF THE COURT

Claimant, now fifty-four years of age, worked in the coal mining industry for approximately 33 years, 20 years of which were underground. On March 31, 1988, he was laid off from work. Thereafter he filed a claim for compensation benefits and alleged that he was permanently, occupationally disabled as a result of his having contracted coal workers' pneumoconiosis.

The Administrative Law Judge (ALJ) reviewed the medical evidence and ruled...

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