McCoy Elkhorn Coal Corp. v. Sullivan

*892OPINION OF THE COURT

This case concerns whether a worker may receive a permanent, total, occupational disability award due to injury concurrently with a retraining incentive benefit. KRS 342.730(1)(a); KRS 342.732(1)(a).

Claimant sustained a permanent, total, occupational disability due to a back injury and contracted category 1 coal workers’ pneumo-coniosis without a significant pulmonary impairment. The Administrative Law Judge (ALJ) determined that claimant could receive the 100% disability award for the injury [KRS 342.730(l)(a) ] and a retraining incentive benefit [KRS 342.732(1)(a) ]…