William T. and Kathryn A. Kees - Page 4

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               In January 1987, petitioner suffered a concussion when he              
          slipped on ice in the driveway of his residence and hit his head.           
          Petitioner missed 2 months of work after the injury.  After he              
          returned to work, he began to suffer seizures and progressively             
          worse headaches.  Approximately 18 months later, on November 1,             
          1988, petitioner went on long-term disability.   Pursuant to the            
          standard procedure of Arch Mineral, he was terminated from                  
          employment on November 1, 1989, after 1 year on long-term                   
               Under the disability plan an insured is totally disabled if,           
          because of sickness or injury, he cannot perform all of the                 
          duties of his regular job, and, after benefits have been paid for           
          24 months, he cannot perform the duties of any job he is suited             
          for by training, education or experience.  Payments under the               
          disability plan do not begin until the insured has been totally             
          disabled for 26 weeks.  Benefits are paid monthly, in an amount             
          equal to 60 percent of monthly salary just before total                     
          disability begins.  If the insured was injured before reaching              
          age 60, benefits are paid up until age 65, as long as the insured           
          remains totally disabled and requires a doctor’s attendance.                
               Beginning May 1, 1989, petitioner received long-term                   
          disability payments from UNUM pursuant to the provisions of the             
          disability plan.  In accordance with the terms of the disability            
          plan, petitioner received monthly disability payments equal to 60           
          percent of his monthly salary, or approximately $3,200.                     

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