Whittaker v. Thornsberry

OPINION OF THE COURT

The claimant was awarded total disability benefits for pneumoconiosis and later was awarded 66 weeks of temporary, total disability (TTD) benefits for an injury, with the payment of both beginning on August 10, 1992. During the pendency of the injury claim, he and his employer agreed to settle it for the TTD benefits and for an additional lump sum of $30,000, with the lump sum being applied to offset the employer’s concurrent liability for the occupational disease award. Under the principles that the claimant may not receive combined benefits that exceed the maximum for…