Newberg v. Chumley

OPINION OF THE COURT.

Jimmy Reed Chumley filed a claim for total disability benefits due to coal workers’ pneumoconiosis. Subsequently he entered into a settlement with his last employer and received a lump-sum payment of $22,000 for the release of any claim against the employer. Claimant reserved the right to proceed against the Special Fund. The settlement was approved by the Administrative Law Judge (AU) on January 23, 1990.

On March 15, 1990, the Opinion and Award rendered by the AU found claimant to be totally occupationally disabled under KRS 342.732(l)(c) based on category 1 radi-ographs…