AAA Mine Services v. Wooten

OPINION OF THE COURT

This appeal concerns whether claimant demonstrated a sufficient progression of coal workers’ pneumoconiosis to prevail on a mo*441tion to reopen a retraining incentive benefit (RIB) award which was the product of a settlement. KRS 342.125(2)(a).

An agreement between claimant and the employer, which was approved on December 12, 1991, provided that claimant would receive a lump sum of $17,500.00 in settlement of a RIB claim. Contemporaneous x-ray evidence from Drs. Anderson, Lane, Harrison, and Myers indicated that claimant suffered from category 1/0 coal workers’ pneumoconi-osis.