King Coal Co. v. Overton

SCHRODER, Judge:

This petition for review from a decision by the Workers’ Compensation Board (Board) raises the question of whether, based on KRS 342.197, which makes it illegal for an employer to discriminate against a worker because he has pneumoconiosis, and the Americans with Disabilities Act, an employer is entitled to reopen a total disability award based on pneumoconiosis, when the primary reason for the granting of a total disability award no longer exists. Having reviewed the record, we agree with the Board that reopening is not proper in these circumstances.

Larry Overton (Overton)…