ULIS McNEW v. NEW HORIZONS COAL, INC.; ROBERT E. SPURLIN, Director of Special Fund; HON. DONNA TERRY, Administrative Law Judge; and WORKERS' COMPENSATION BOARD
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RENDERED:
August 28, 1998; 10:00 a.m.
NOT TO BE PUBLISHED
C ommonwealth O f K entucky
C ourt O f A ppeals
NO.
97-CA-2232-WC
ULIS McNEW
APPELLANT
v.
PETITION FOR REVIEW OF A DECISION
OF THE WORKERS’ COMPENSATION BOARD
ACTION NO. WC-96-2416
NEW HORIZONS COAL, INC.;
ROBERT E. SPURLIN, Director of
Special Fund; HON. DONNA
TERRY, Administrative Law
Judge; and WORKERS'
COMPENSATION BOARD
APPELLEES
OPINION
REMANDING
** ** ** ** **
BEFORE:
GUDGEL, Chief Judge; BUCKINGHAM and KNOPF, JUDGES.
KNOPF, JUDGE.
On September 15, 1997, Ulis McNew 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, NEW
HORIZONS COAL, INC.:
Ronald C. Cox
Harlan, Kentucky
Clark, Ward & Cave
Mary Kay Williams
Lexington, Kentucky
BRIEF FOR SPECIAL FUND:
Joel D. Zakem
Louisville, Kentucky
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