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CHISHOLM COAL CO. v. DOWNEY

No. 93-SC-368-WC.

865 S.W.2d 315 (1993)

CHISHOLM COAL COMPANY, Appellant, v. James DOWNEY; Johnny Matney; Thomas A. Nanney, Administrative Law Judge; Dwight T. Lovan, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

November 24, 1993.

Attorney(s) appearing for the Case

Paul E. Jones, Baird, Baird, Baird & Jones, P.S.C., Pikeville, for appellant.

John W. Kirk, Raymond D. Kirk, J. Drew Anderson, Prestonsburg, for appellees Downey and Matney.

OPINION OF THE COURT

This combined appeal concerns whether the provision in KRS 342.732(1)(a) that retraining incentive benefits "shall be payable for a period not to exceed two hundred and eight (208) weeks," permits the award of a retraining incentive benefit for a period of less than 208 weeks.

Both workers herein were awarded retraining incentive benefits pursuant to KRS 342.732(1)(a). In each case the employer argued that an award for a number of weeks...

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