Brooks v. Island Creek Coal Co.

I respectfully dissent from the majority opinion.

As to the questions common to both appellants, I am of the opinion that KRS 342.730(l)(b) is violative of the due process and equal protection clauses of the Fourteenth Amendment to the federal constitution. This statute has since been repealed, presumably because of these defects. One of the most troublesome parts of the statute is the phrase "... after the employee becomes eligible for normal old age benefits ....” What is normal for one may not be normal for another. Workers are entitled to benefits at ages 62, 65, 70 and 72. If a worker was…