BRENT HORN v. WOLF CREEK COLLIERIES; SPECIAL FUND; IRENE STEEN, ADMINISTRATIVE LAW JUDGE; AND WORKERS' COMPENSATION BOARD
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RENDERED: October 23, 1998; 10:00 a.m.
NOT TO BE PUBLISHED
C ommonwealth O f K entucky
C ourt O f A ppeals
NO. 1997-CA-001329-WC
BRENT HORN
v.
APPELLANT
PETITION FOR REVIEW OF A DECISION
OF THE WORKERS' COMPENSATION BOARD
ACTION NOS. WC-94-44262 & WC-94-31624
WOLF CREEK COLLIERIES; SPECIAL
FUND; IRENE STEEN,
ADMINISTRATIVE LAW JUDGE; AND
WORKERS' COMPENSATION BOARD
APPELLEES
OPINION
REVERSING AND REMANDING
** ** ** ** **
BEFORE: GUDGEL, CHIEF JUDGE; BUCKINGHAM AND KNOPF, JUDGES.
BUCKINGHAM, JUDGE.
On June 5, 1997, Brent Horn brought the
above-styled appeal from an opinion of the Workers' Compensation
Board denying his application for additional occupational disease
benefits.
One of the issues on appeal is the criteria for
reopening a coal worker's pneumoconiosis claim following a
previous award of retraining incentive benefits.
On February 19,
1998, the Supreme Court rendered its opinion in Campbell v.
Universal Mines, Ky., __ S.W.2d __ (1998).
Campbell addressed
the criteria for reopening a pneumoconiosis claim under KRS
342.125 and established new rules for determining whether a prior
retraining benefits recipient is entitled to reopen his case to
seek new benefits.
On February 25, 1998, we entered an order holding this
case in abeyance pending the finality of Campbell v. Universal
Mines.
On April 14, 1998, Campbell v. Universal Mines became
final.
In view of the new rules established in Campbell, we
reverse the decision of the Worker’s Compensation Board and
remand this case to the Administrative Law Judge for a review of
appellant’s claims in light of the new criteria established in
Campbell v. Universal Mines, supra.
ALL CONCUR.
BRIEF FOR APPELLANT:
BRIEF FOR APPELLEE, WOLF CREEK
COLLIERIES:
J. Drew Anderson
Prestonsburg, Kentucky
David C. Schwetschenau
Lexington, Kentucky
BRIEF FOR SPECIAL FUND:
David R. Allen
Louisville, Kentucky
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