Newberg v. Wright

OPINION OF THE COURT

Wright filed a claim for disability benefits, alleging that he had contracted pneu-moconiosis and/or chronic, occupational bronchitis. Subsequently, he settled with his last employer for its share of any liability. When the case came before the Administrative Law Judge (AU) he ruled that Wright had contracted category 1 coal workers’ pneumoconiosis and had sustained a 75% permanent, partial disability. KRS 342.732(l)(b): Pursuant to KRS 342.316, the Special Fund was liable for 75% of the award. The award was affirmed by the Workers’ Compensation Board and the Court of…