Whittaker v. Kennedy

OPINION OF THE COURT

This ease concerns whether a worker who the Administrative Law Judge (ALJ) has determined is totally, occupationally disabled by a combination of injury and coal workers’ pneumoconiosis may receive a combined award of lifetime benefits pursuant to KRS 342.730 and KRS 342.732.

Claimant was found to be 60% occupationally disabled due to a back injury [KRS 342.730(l)(b) ] and 75% disabled due to coal workers’ pneumoconiosis [KRS 342-732(l)(b) ]. The injury award was apportioned equally between the employer and the Special Fund and the pneumoconiosis award was apportioned 25%…