Island Creek Coal Co. v. Beale

OPINION OF THE COURT

In this workers’ compensation case, claimant filed for benefits alleging that he was permanently, totally occupationally disabled as a result of contracting the occupational disease of coal workers’ pneumoco-niosis occurring on or about October 11, 1986. The Administrative Law Judge (AU), while noting that the medical evidence was closely divided on whether the claimant had contracted pneumoconiosis, found that claimant sustained a 50% occupational disability and awarded benefits. The AU apportioned liability 60% to the employer and 40%. to the Special Fund based upon a…