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Employer Forfeited Argument for Apportionment of Liability

By Sherri Okamoto (Legal Reporter)

Friday, January 18, 2013 | 0

A mining company's failure to introduce the issue of apportionment for a miner's cumulative trauma injuries during administrative proceedings on the miner's claim waived its ability to raise the argument on appeal. Case: KenAmerican Resources v. Warren, No. 2012-CA-001045-WC, 01/11/2013, unpublished.Facts: Billy G. Warren started working as an underground coal miner in April 1977 with the Peabody Coal Co. He spent the next two decades working as a miner with various companies and began working for KenAmerican Resources in January 1997. Warren worked about 45 to 54 hours p...

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