Smith v. Leeco, Inc.

OPINION OF THE COURT

There is a novel issue in this case regarding whether a coal worker who is still employed as a miner can collect benefits for total disability pursuant to KRS 342.732(l)(d). The Administrative Law Judge (ALJ), Workers’ Compensation Board (Board), and Court of Appeals concluded that under the present system, benefits awarded pursuant to KRS 342.732(l)(d) were not authorized to be paid to working miners. We affirm.

Claimant has worked in the mining industry for 23 years for multiple employers. During his last employment with Leeco Mining, Inc., claimant was diagnosed as…