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BALL v. BIG ELK CREEK COAL CO., INC.

No. 1999-SC-1106-WC.

25 S.W.3d 115 (2000)

Ronnie A. BALL, Appellant, v. BIG ELK CREEK COAL CO., INC.; Thomas A. Nanney, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

August 24, 2000.

Attorney(s) appearing for the Case

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

Barry Lewis, Melissa L. Moore Lewis, Lewis and Lewis Law Offices, Hazard, for Appellee Big Elk Creek Coal Co., Inc.

OPINION OF THE COURT

This workers' compensation appeal concerns the proper method for applying KRS 342.730(1)(c)2. with regard to post-injury earnings. 1996 Ky. Acts (1st Ex.Sess.) ch. 1, § 30.

Claimant sustained a work-related injury on February 1, 1997. He testified that at the time he was injured he earned $10.50 per hour and worked 58 hours per week. The parties stipulated that his average weekly wage was $581.54.

Following the injury, claimant...

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