Baker v. Shamrock Coal Co.

OPINION OF THE COURT

This appeal results from a retraining incentive benefit (RIB) award which was made to a working miner who was not engaged in retraining and whose claim was pending on April 4, 1994. It.is no longer disputed that the claim is subject to the 1994 amendment to KRS 342.732(l)(a) which restricts the circumstances under which the benefit is payable. Thornsbury v. Aero Energy, Ky., 908 S.W.2d 109 (1995). On October 6, 1997, the Administrative Law Judge (ALJ) entered a RIB award for the following 208 consecutive weeks. The award was entered in compliance with the decision in Meade…