Morgan v. Peabody Coal Co.

McDonald, judge.

This is a workers’ compensation case. Appellant Allen Morgan, claimant below, applied for benefits claiming to be disabled by coal worker’s pneumoconiosis. His claim was denied by the Workers’ Compensation Board on the merits, the Board holding that it was persuaded by the testimony of the physicians deposed by the employer that Morgan does not suffer from a com-pensable occupational disease. Morgan appealed to the Ohio Circuit Court, arguing that because the Special Fund did not timely file a Notice of Resistance of Claim as required by KRS 342.316(2)(b)(5), an award for the…