Blue Diamond Coal Co. v. Beale

HUDDLESTON, Judge.

The Special Fund and Blue Diamond Coal Company/Scotia Coal Company (Scotia) appeal from an order of the Workers’ Compensation Board which affirmed an award made by an Administrative Law Judge (AU) in favor of Billy Joe McDaniels, who, *62pursuant to KRS 342.732(l)(c),1 was determined to be totally disabled. We agree with the Board and affirm.

The Special Fund and Scotia argue that the AU and the Board erroneously interpreted KRS 342.732(2).2

McDaniels’ work history reflects twenty years of coal dust exposure during his employment by Scotia. Additionally, McDan-iels has smoked…