COM., TRANSP. CABINET v. BLACKBURN

Nos. 94-SC-390-WC, 94-SC-444-WC.

890 S.W.2d 627 (1994)

COMMONWEALTH of Kentucky, TRANSPORTATION CABINET, Appellant, v. Ronnie BLACKBURN; Robert L. Whittaker, Acting Director of Special Fund; and Workers' Compensation Board, Appellees. Robert L. WHITTAKER, Acting Director of Special Fund, Appellant, v. Ronnie BLACKBURN; Commonwealth of Kentucky, Transportation Cabinet; Ronald W. May, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing February 16, 1995.


Attorney(s) appearing for the Case

Thomas L. Ferreri, William A. Miller, Sr., Ferreri & Fogle, Louisville, for Com. of Ky., Transp. Cabinet.

Joel D. Zakem, Labor Cabinet, Sp. Fund, Louisville, for Whittaker.

Kelsey E. Friend, Robert J. Greene, Kelsey E. Friend Law Firm, Pikeville, for Blackburn.


OPINION OF THE COURT

AFFIRMING

Claimant, whose date of birth was January 2, 1949, had a ninth grade education and no specialized or vocational training. He worked his entire adult life for the employer herein, performing duties which included flagging traffic, driving a light truck, and manual labor. In 1986, at the time of the injury of appreciable proportions, claimant's average weekly wage was $239.44.

The Administrative Law Judge (ALJ...

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