CARTER BRANCH MINING V. GEORGE F. JUSTICE; HON. ROGER D. RIGGS, ADMINISTRATIVE LAW JUDGE; AND WORKERS' COMPENSATION BOARD
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RENDERED: JULY 28, 2000; 2:00 p.m.
NOT TO BE PUBLISHED
C ommonwealth O f K entucky
C ourt O f A ppeals
NO.
2000-CA-000433-WC
CARTER BRANCH MINING
APPELLANT
PETITION FOR REVIEW OF A DECISION
OF THE WORKERS' COMPENSATION BOARD
ACTION NO. WC-94-42921
v.
GEORGE F. JUSTICE;
HON. ROGER D. RIGGS,
ADMINISTRATIVE LAW JUDGE; AND
WORKERS' COMPENSATION BOARD
APPELLEES
OPINION
VACATING AND REMANDING
** ** ** ** **
BEFORE:
HUDDLESTON, MILLER, AND TACKETT, JUDGES.
MILLER, JUDGE:
Carter Branch Mining asks us to review a decision
of the Workers’ Compensation Board rendered January 28, 2000.
Kentucky Revised Statutes (KRS) 342.290.
We vacate and remand.
We have reviewed the record in this matter and are of
the opinion that the issues raised are controlled by Magic Coal
Company v. Fox, Ky., _____ S.W.3d _____ (2000).
In that case it
was stated:
In summary, the amendments to KRS 342.315
which became effective on December 12, 1996,
apply to all claims pending before the fact-
finder on or after that date. KRS 342.315(2)
creates a rebuttable presumption which is
governed by KRE 301 and, therefore, does not
shift the burden of persuasion. . . .
Id. at _____.
For the foregoing reasons, the opinion and award of the
Workers' Compensation Board rendered January 28, 2000, is vacated
and this cause is remanded for reconsideration.
ALL CONCUR.
BRIEF FOR APPELLANT:
NO BRIEF FILED FOR APPELLEES
David H. Neeley
Prestonsburg, Kentucky
-2-
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