JAMES HENRY FANNIN v. VALLEY DEVELOPMENT CORPORATION; UNINSURED EMPLOYERS' FUND; HONORABLE ROGER D. RIGGS, ADMINISTRATIVE LAW JUDGE; and WORKERS' COMPENSATION BOARD
Annotate this Case
Download PDF
RENDERED:
September 18, 1998; 2:00 p.m.
NOT TO BE PUBLISHED
C ommonwealth O f K entucky
C ourt O f A ppeals
No.
1998-CA-000172-WC
JAMES HENRY FANNIN
v.
APPELLANT
PETITION FOR REVIEW OF A DECISION OF
THE WORKERS' COMPENSATION BOARD
FILE NO. WC-96-08271
VALLEY DEVELOPMENT
CORPORATION; UNINSURED
EMPLOYERS' FUND; HONORABLE
ROGER D. RIGGS, ADMINISTRATIVE
LAW JUDGE; and WORKERS'
COMPENSATION BOARD
APPELLEES
OPINION
AFFIRMING
** ** ** ** **
BEFORE:
DYCHE, EMBERTON, and HUDDLESTON, Judges.
DYCHE, JUDGE.
James Henry Fannin appeals from the Workers’
Compensation Board’s affirmance of the Administrative Law Judge’s
(ALJ) dismissal of his claim for Retraining Incentive Benefits.
His claim was dismissed on limitations grounds, with the ALJ
finding that Fannin had not carried his burden of establishing
that he had filed his petition within five years of his last
injurious exposure to the occupational hazard of pneumoconiosis.
We have read the record, and find that appellant’s
testimony is indefinite, at best.
He was, as the ALJ noted, a
poor historian; this is not a criticism of him personally, but in
the context of attempting to establish a legal claim to
retraining benefits, a poor memory is extremely disadvantageous.
As much as we might sympathize with this gentleman, the law makes
it his burden to establish the elements of his claim.
been unable to do this.
He has
The opinion of the Workers’ Compensation
Board is affirmed.
ALL CONCUR.
BRIEF FOR APPELLANT:
BRIEF FOR APPELLEE
UNINSURED EMPLOYERS’ FUND:
Leonard J. Stayton
Inez, Kentucky
A. B. Chandler III
Attorney General of Kentucky
David K. Martin
Assistant Attorney General
Frankfort, Kentucky
-2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.