Campbell v. Blue Diamond Mining, Inc.

LESTER, Judge.

This is an appeal from an order of the Perry Circuit Court remanding the appellant’s claim for benefits to the Workers’ Compensation Board.

There is no dispute that the appellant is totally and permanently disabled due to the occupational disease of pneumoconiosis and the only issue confronting this Court is whether the amount of the appellant’s benefits should be reduced under the provisions of KRS 342.800. We do not believe that that statute is applicable to the facts of this case and therefore, we reverse the judgment.

By order of the Workers’ Compensation Board dated October…