Leeco, Inc. v. Smith

OPINION OF THE COURT

This appeal is the sequel to Smith v. Leeco, Inc., Ky., 897 S.W.2d 581 (1995), which concerned a 1991 claim for income benefits pursuant to KRS 342.732(1)(d). In the original proceeding, an Administrative Law Judge (ALJ) determined that claimant suffered from category 2 coal workers’ pneumoconio-sis. However, since claimant continued to be employed in the coal industry, the claim was dismissed. Subsequently, this Court rejected claimant’s assertion that he was entitled to receive income benefits for total disability while he continued in the employment. We explained that,…