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ADKINS v. R & S BODY CO.

No. 2000-SC-0827-WC.

58 S.W.3d 428 (2001)

Gregory ADKINS, Appellant, v. R & S BODY COMPANY; Richard Campbell, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

October 25, 2001.

Attorney(s) appearing for the Case

Thomas W. Moak, Stumbo, Moak & Nunnery, PSC, Prestonsburg, Counsel for Appellant.

Gretchen R. Nunn, Prestonsburg, Counsel for Appellee, R & S Body Company.

OPINION OF THE COURT

The claimant sustained a low back injury in September, 1997. After an unsuccessful attempt to return to light duty employment, he quit working in April, 1998. An Administrative Law Judge (ALJ) awarded benefits for permanent partial disability under KRS 342.730(1)(b) based upon an AMA impairment of 10%, and the award was enhanced by a factor of 1.5 under KRS 342.730(1)(c)1 because the claimant did not retain the physical capacity to return to...

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