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STEWART v. KIAH CREEK MINING

No. 2000-SC-0764-WC.

42 S.W.3d 614 (2001)

Allen Keith STEWART Appellant v. KIAH CREEK MINING; Richard H. Campbell, Jr., Administrative Law Judge; and Workers' Compensation Board Appellees

Supreme Court of Kentucky.

April 26, 2001.

Attorney(s) appearing for the Case

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

Terri Smith Walters, Jones & Walters, PLLC, Pikeville, Counsel for Appellee Kiah Creek Mining.

OPINION OF THE COURT

The question presented by this workers' compensation appeal concerns the method for calculating the weekly benefit of a partially disabled worker who does not retain the physical capacity to return to the type of work that he performed at the time of the injury. KRS 342.730(1)(b), (c), and (d). The claimant asserts that KRS 342.730(1)(d) authorizes use of the weekly wage rate for total disability rather than the rate for partial disability....

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