Eastern Coal Corp. v. Mullins

HOWERTON, Judge.

Eastern Coal Corporation appeals from a unanimous opinion of the Workers’ Compensation Board rendered November 1, 1991, and authored by Mr. Greathouse affirming an award of an Administrative Law Judge (AU). The question on appeal is whether the AU and the Board erred by failing to give Eastern credit against the workers’ compensation award for monthly disability benefits it pays to Donnie R. Mullins from a disability pension plan, which Eastern fully funds for its employees. This is a legal issue of first impression, and under the unique facts in this case, we agree with the…