Martin County Coal Corp. v. Preece

EMBERTON, Judge.

Martin County Coal Corporation petitions this court for review of a decision of the Workers’ Compensation Board rendered February 23, 1995. The Board affirmed the ALJ’s opinion and award entered November 29, 1994. Martin County Coal seeks reversal on the basis of two arguments: (1) Preece’s claim should have been dismissed for lack of due and timely notice; and (2) benefits, if properly awarded in the first place, should have been based on the 1993 rate. We affirm as to the first argument. However, we agree the benefits were erroneously based upon the 1994 rate and, to that…