Wells v. Beth-Elkhorn Coal Corp.

WHITE, Judge.

This is an appeal by the Special Fund from a Judgment of the Pike Circuit Court ruling the Opinion and Award of the Workers’ Compensation Board was clearly erroneous. The employer, Beth-Elkhorn, cross-appeals from the Circuit Court’s ruling that the Board was precluded from changing or correcting its apportionment percentages as a patent error.

On March 10, 1982, Ray Mullins suffered a heart attack while at work. At the time, he and another employee were attempting to pry loose a large piece of metal with a crowbar. Mullins was taken to the hospital where he died ten days later.…