Newberg v. Davis

OPINION OF THE COURT

The issue in this workers’ compensation case involves whether an award of continuation of benefits was properly made to Pauline Davis pursuant to KRS 342.730(3). She is the widow of Columbus Davis who was found to be 75% occupationally disabled pursuant to KRS 342.732(l)(b), but died from causes unrelated to his occupational disease before the award was rendered. The Special Fund argues that at the time of the worker’s last injurious exposure, KRS 342.730(3) did not authorize the continuation of benefits awarded pursuant to KRS 342.732. KRS 342.-730(3) provided as follows…