Arch of Kentucky, Inc. v. Halcomb

OPINION OF THE COURT

Claimant, who was employed in the defendant’s coal mine for approximately 16 years, injured his back at work. In an opinion and award entered May 5, 1992, an Administrative Law Judge (AL J) determined that claimant was totally, occupationally disabled, with 30% of the disability being attributed to the back injury, and 70% being attributed to prior, active physical and psychological disability. Neither of the prior, active conditions was subject to a workers’ compensation *461claim. Pursuant to Teledyne-Wirz v. Willhite, Ky.App., 710 S.W.2d 858 (1986), claimant was awarded 30%…