Yocom v. Dotson

GUDGEL, Judge.

This is an appeal by the Special Fund from a judgment of the Pike Circuit Court. The sole issue is:

Whether in coal workers’ pneumoconiosis cases where the workman’s last injurious exposure occurred on and after January 1, 1973, benefits payable the surviving spouse of that workman are required to be computed pursuant to the statutes which existed prior to the enactment of the 1972 amendments to the Workmen’s Compensation Act, rather than pursuant to the more favorable provisions of KRS 342.730, the present law.

The Workmen’s Compensation Board and the circuit court determined…