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CITY OF PAINTSVILLE v. RATLIFF

No. 94-SC-452-WC.

889 S.W.2d 784 (1994)

CITY OF PAINTSVILLE, Appellant, v. Edgel Ray RATLIFF; George S. Schuhmann, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

December 22, 1994.

Attorney(s) appearing for the Case

Thomas L. Ferreri, William A. Miller, Sr., Ferreri & Fogle, Louisville, for appellant.

Charles K. Belhasen, Paintsville, for appellee Ratliff.

OPINION OF THE COURT

This workers' compensation case involves the application of KRS 342.140(4) to determine a workers' average weekly wage (AWW) in order to calculate disability benefits. That statute provides as follows:

(4) If the employee was a minor, apprentice, or trainee when injured, and it is established that under normal conditions his wages should be expected to increase during the period of disability, that fact may be considered in computing...

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