Coal-Mac, Inc. v. Wheeler Blankenship

OPINION

JOHNSON, Judge.

Coal-Mac, Inc. and Jaco Mining Company appeal from an opinion of the Workers’ Compensation Board (Board) which reversed a decision of the Administrative Law Judge (ALJ). The ALJ dismissed Wheeler Blankenship’s claim for workers’ compensation benefits for pneumoconiosis finding that Blankenship had failed to give due and timely notice under Kentucky Revised Statutes (KRS) 342.316(2)(a). The Board held that the evidence did not support this finding, reversed, and remanded for further proceedings. The only issue on appeal is whether the Board was correct in holding that the…