Marcum v. Wolf Creek Collieries

OPINION OF THE COURT.

Claimant, a coal miner, quit work in 1973 because of a lung condition and sought compensation benefits. In 1974 he was awarded permanent, total disability benefits due to coal workers’ pneumoconiosis. He was also awarded federal benefits for pneumoconiosis. Although his date of last exposure was February 19, 1973, and the 1972 amendments to the Workers’ Compensation Act provided for lifetime benefits for permanent, total occupational disability, the award was limited to 425 weeks, presumably pursuant to Maggard v. International Harvester Co., Ky., 508 S.W.2d 777 (1974),…