TRIANGLE INSULATION v. STRATEMEYER

No. 89-SC-138-DG.

782 S.W.2d 628 (1990)

TRIANGLE INSULATION AND SHEET METAL COMPANY, a DIVISION OF TRIANGLE ENTERPRISES, INC., Appellant, v. Laverne STRATEMEYER, James A. Harris, Jr., Workers' Compensation Board and Special Fund, Appellees.

Supreme Court of Kentucky.

January 18, 1990.


Attorney(s) appearing for the Case

Thomas L. Ferreri, Ferreri & Fogle, Lexington, for appellant.

James A. Harris, Jr., Paducah, Cathy Utley Costelle, Steven A. Burnham, Louisville, for appellees.


WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which reversed a judgment by the circuit court. The circuit court had determined that dollar for dollar credit for overpayment of voluntary benefits may be taken by an employer when future benefits are not affected.

The issue is whether an employer gets credit on a dollar for dollar basis or on a week by week basis when the employer makes voluntary payments which are higher than...

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