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WHITTAKER v. ROBINSON

Nos. 98-SC-309-WC, 98-SC-310-WC.

981 S.W.2d 118 (1998)

Robert L. WHITTAKER, Director of Special Fund, Appellant, v. Michael ROBINSON; Cliffco Enterprises Richard H. Campbell, Jr., Administrative Law Judge; and Workers' Compensation Board, Appellees. Cliffco Enterprises, Appellant, v. Michael Robinson; Special Fund; Richard H. Campbell, Jr., Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Ordered Published by Supreme Court December 17, 1998.

Attorney(s) appearing for the Case

Joel D. Zakem, Labor Cabinet—Special Fund, Louisville, for Whittaker and Special Fund.

David H. Neeley, Neeley & Reynolds Law Offices, P.S.C., Prestonsburg, for Cliffco Enterprises.

Thomas G. Polites, Wilson, Stanley, Bowling & Costanzo, Lexington, for Appellee Robinson.

OPINION OF THE COURT

This workers' compensation appeal concerns the proper definition of the word "wage" with regard to determining whether the claimant returned to work at a wage which was greater than his pre-injury wage for the purposes of applying KRS 342.730(1)(b).

Claimant was employed by the defendant-employer as a mechanic or repairman in underground coal mining from February 22, 1995 until April 7, 1995...

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