ISLAND CREEK COAL COMPANY V. MARION W. MORRIS; SHEILA C. LOWTHER, Administrative Law Judge; WORKERS' COMPENSATION BOARD
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RENDERED:
December 30, 1998; 10:00 a.m.
NOT TO BE PUBLISHED
C ommonwealth O f K entucky
C ourt O f A ppeals
NO.
1998-CA-000741-WC
ISLAND CREEK COAL COMPANY
APPELLANT
PETITION FOR REVIEW OF A DECISION
OF THE WORKERS' COMPENSATION BOARD
ACTION NO. WC-95-033802
v.
MARION W. MORRIS; SHEILA C. LOWTHER,
Administrative Law Judge; WORKERS'
COMPENSATION BOARD
APPELLEES
OPINION
AFFIRMING
** ** ** ** **
BEFORE:
BUCKINGHAM, COMBS, AND KNOPF, JUDGES.
COMBS, JUDGE:
In this petition for review of a decision of the
Workers' Compensation Board ("Board"), Island Creek Coal Company
argues that the claimant, Marion W. Morris, is not entitled to
collect retraining incentive benefits pursuant to KRS
342.732(1)(a) since he left the coal mining industry of his own
accord.
The appellant maintains that the Board erred by
affirming the Administrative Law Judge's interpretation of the
statute.
The position advanced by the appellant was recently
rejected by another panel of this court.
In Martin County Coal
Corp. v. Hammond, Ky. App.,
S.W.2d
(98-CA-0324, Final
11/07/98), this court held that the applicable version of KRS
342.732(1)(a) does not require an assessment of a non-working
claimant's reasons for having left the coal mining industry.
On
this basis, we summarily affirm the decision of the Workers'
Compensation Board.
ALL CONCUR.
BRIEF FOR APPELLANT:
BRIEF FOR APPELLEE MARION W.
MORRIS:
Michael O. McKown
St. Louis, MO
Jerry P. Rhoads
Madisonville, KY
-2-
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