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WHITTAKER v. JOHNSON

No. 98-SC-909-WC.

987 S.W.2d 320 (1999)

Robert L. WHITTAKER, Director of Special Fund, Appellant, v. Larry JOHNSON; Trane Company; Richard H. Campbell, Jr., Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

March 25, 1999.

Attorney(s) appearing for the Case

David W. Barr, Labor Cabinet—Special Fund, Louisville, for Appellant.

Gregory Ward, Lexington, for Appellee Johnson.

Kimberly Newman, Clark, Ward, & Cave, Lexington, for Appellee, Trane Co.

OPINION OF THE COURT

This appeal concerns whether the version of KRS 342.730(1)(b) which became effective April 4, 1994, permits an award of income benefits without a showing of actual occupational disability. Acts, 1994, Ch. 181, § 25.

Claimant sustained a back injury in 1995 which resulted in a 5% functional impairment pursuant to the American Medical Association's Guides to the Evaluation of Permanent Impairment (Guides). After the...

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