MARSH v. MERCER TRANSP.

No. 2001-SC-0580-WC.

77 S.W.3d 592 (2002)

Deborah MARSH Appellant v. MERCER TRANSPORTATION, Robert L. Whittaker, Director of Special Fund; Richard H. Campbell, Jr., Administrative Law Judge; and Workers' Compensation Board Appellees

Supreme Court of Kentucky.

June 13, 2002.


Attorney(s) appearing for the Case

Eric M. Lamb, Lamb & Lamb, Louisville, Counsel for Appellant.

David R. Allen, John William Burrell, Frankfort, Counsel for Special Fund.

W. Kenneth Nevitt, Nevitt Law Office, Louisville, Counsel for Mercer Transportation.


OPINION OF THE COURT

In a two-to-one decision, the Court of Appeals has vacated a finding concerning the average weekly wage of a truck driver whose earnings were based upon a percentage of the gross revenue that her truck generated and remanded the claim for a determination under KRS 342.140(1)(f). Appealing, the claimant maintains that substantial evidence supported the finding under the criteria that are set forth in KRS 342.140(1)(f) and that the Court of Appeals...

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