Lost Mountain Mining v. Fields

OPINION

LESTER, Chief Judge.

This is a petition for review of an opinion of the Workers’ Compensation Board affirming the opinion and award of the Administrative Law Judge. The petition deals with the following questions of law: whether KRS 342.732(l)(a) is constitutional under Section 2 of the Kentucky Constitution in that it denies the employer the right to due process by imposing consequences so unjust as to work a hardship and whether this case is governed by the amended version of KRS 342.732(l)(a), effective April 4,1994, so that a working miner is not entitled to directly receive…