Brooks v. Island Creek Coal Co.

HAYES, Chief Judge:

The only issue with merit in these two workers’ compensation cases, consolidated for appeal purposes, is whether the phrase in KRS 342.730(l)(b) that “but such benefits shall not be paid after the employee becomes eligible for normal old age benefits under the Federal Old Age, Survivors and Disability Insurance Act ...” is so vague and ambiguous as to violate the workers’ due process and equal protection rights guaranteed by the Federal and State Constitutions. We interpret the statutory provision to be constitutional.

In deciding whether an act of the General Assembly of…