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C & D BULLDOZING CO. v. BROCK

No. 91-SC-147-WC.

820 S.W.2d 482 (1991)

C & D BULLDOZING COMPANY, Appellant, v. Richmond BROCK; Special Fund; Thomas Nanney, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Case Ordered Published by Supreme Court August 21, 1991.

Attorney(s) appearing for the Case

Thomas L. Ferreri, Lexington, for appellant.

Dennis L. Nagle, Barbourville, for Brock.

Denis S. Kline, Labor Cabinet, Louisville, for special fund.

MEMORANDUM OPINION OF THE COURT

The issue in this workers' compensation case involves the calculation of an employee's average weekly wage. Claimant was awarded compensation benefits upon a 50% occupational disability finding as a result of his contraction of coal workers' pneumoconiosis. The Administrative Law Judge (ALJ) calculated claimant's average weekly wage pursuant to KRS 342.140(1)(d). The Workers' Compensation Board (Board) reversed the ALJ on the wage...

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