Asher v. Blue Diamond Coal Co.

GUDGEL, Judge:

This matter is before us on a petition for review from an opinion of the Workers’ Compensation Board (board) reversing and remanding an opinion and award of the Administrative Law Judge (ALJ). The ALJ awarded “tier two” pneumoconiosis benefits to appellant Darrell Asher based upon a finding that he suffers from a 75% permanent partial occupational disability. KRS 342.732(l)(b). On appeal, appellant contends that the board erred by concluding that it was an abuse of discretion for the ALJ to disregard the medical testimony of Dr. Matthew Vuskovieh which has the effect of…