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ASHLAND EXPLORATION, INC. v. TACKETT

No. 97-CA-2551-WC.

971 S.W.2d 832 (1998)

ASHLAND EXPLORATION, INC., Appellant, v. Elmer TACKETT; Special Fund; Richard H. Campbell, Jr., Administrative Law Judge; and Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

July 2, 1998.

Attorney(s) appearing for the Case

William P. Emrick, Ashland, for Appellant.

Randy G. Clark, Pikeville, for Appellee, Elmer Tackett.

David W. Barr, Louisville, for Appellee, Special Fund.

Before GUIDUGLI, JOHNSON and SCHRODER, JJ.

OPINION

SCHRODER, Judge.

Ashland Exploration, Inc. (Ashland) petitions for review of a decision of the Workers' Compensation Board (Board), which affirmed the administrative law judge's (ALJ) award of total disability benefits to Elmer Tackett (Tackett). Ashland argues that because Tackett returned to work, at the same or higher rate of pay, after his injury, he is limited to two times the highest functional impairment rating assigned to him, for...

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