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DENIM FINISHERS, INC. v. BAKER

No. 87-CA-2372-S.

757 S.W.2d 215 (1988)

DENIM FINISHERS, INC., and Carol Palmore, Secretary of Labor and Custodian of The Special Fund, Appellants, v. Rosie BAKER and Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

Case Ordered Published by Court of Appeals September 9, 1988.

Attorney(s) appearing for the Case

James G. Fogle, Mills, Mitchell & Turner, Louisville, for appellant, Denim Finishers, Inc.

David R. Allen, Labor Cabinet, Div. of Special Fund, Louisville, for appellant, Carol Palmore (Special Fund).

Dennis Nagle, Barbourville, for appellee, Rosie Baker.

Before HOWERTON, C.J., and DYCHE and REYNOLDS, JJ.

HOWERTON, Chief Judge.

Denim Finishers, Inc., and the Special Fund appeal from a judgment of the Bell Circuit Court increasing the Workers' Compensation Board's award to Rosie Baker. They claim that the court erred in calculating Baker's average weekly wage pursuant to KRS 342.140(1)(d) and by substituting its judgment for that of the Board on an issue of fact. We disagree and affirm.

Baker was employed by Denim Finishers to press pants and was paid $3.45...

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