Leslie County Fiscal Court v. Adams

OPINION OF THE COURT

This appeal concerns whether an award of total disability due to injury may be credited for overlapping benefits payable under a pre*153vious retraining incentive benefit (RIB) award where the issue of credit was not listed on the prehearing order.

Claimant was awarded a RIB, left the mining industry, and was totally disabled by a back injury sustained in the course of his subsequent employment with the defendant-employer. The Administrative Law Judge (ALJ) granted claimant’s motion to consolidate the injury claim with a subsequent claim for occupational hearing loss. A…