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MARTIN COUNTY COAL CORP. v. HAMMOND

No. 1998-CA-000324-WC.

979 S.W.2d 132 (1998)

MARTIN COUNTY COAL CORPORATION, Appellant, v. Billy HAMMOND; Denis S. Kline, Administrative Law Judge; And Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

October 16, 1998.

Attorney(s) appearing for the Case

Natalie D. Brown, Lexington, for Appellant.

J. Drew Anderson, Prestonsburg, for Billy Hammond.

Before COMBS, MILLER, and SCHRODER, JJ.

OPINION

SCHRODER, Judge.

In this petition for review of a decision of the Workers' Compensation Board (Board), Martin County Coal Corporation (Martin County) argues that the 1996 amendment to KRS 342.732(1)(a) is remedial legislation which precludes an award of benefits to Billy Hammond (Hammond) and, in the alternative, that because Hammond's exit from the coal mining industry was due to his own fault, he is not entitled to collect any retraining...

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