Legal Opinion · Dissent

Begley v. Mountain Top, Inc.

Kentucky Supreme Court

Decided May 21, 1998No. 97-SC-318-WCPublished

1DissentCooper, Justice

KRS 342.316(10)(e) provides:

The employer in whose employment the employee was last exposed to the hazard of the disease shall alone be liable for pay*97ment of retraining incentive benefits awarded under KRS 342.732.

The issue presented by this case is the cutoff date for identifying the employer in whose employ the claimant was last exposed to the hazard. The relevant dates are as follows:

5/6/93: Claimant ceased employment with J & L Mining.

6/29/93: Claimant signed application for benefits against J & L Mining.

7/19/93: Claimant began employment with Limousine Coal.

8/31/93: Claimant filed…

2Cases cited1 opinion

  1. National Mines Corp. v. PittsKentucky Supreme Court · 1991

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