Mabe v. H & P Coal Co.

WILHOIT, Judge.

The appellant, Bill W. Mabe, seeks review of an opinion of the Workers’ Compensation Board which affirmed an award of retraining incentive benefits under KRS 342.732(l)(a). The appellant contends that an award of benefits pursuant to KRS 342.732(l)(b) was compelled because his highest FEV1 value was more than 55 percent but less than 80 percent of the predicted normal values.

Based on medical testimony and the appellant’s long experience of working as a coal miner, the ALJ found that the appellant had pneumoconiosis. The appellant’s largest FVC value was 86 percent of the…