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KENTUCKY RIVER ENTERPRISES, INC. v. ELKINS

No. 2002-SC-0622-WC.

107 S.W.3d 206 (2003)

KENTUCKY RIVER ENTERPRISES, INC., Appellant, v. Jerry Otis ELKINS; Hon. Lloyd R. Edens, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

June 12, 2003.

Attorney(s) appearing for the Case

W. Barry Lewis, Lewis and Lewis Law Offices, Hazard, Counsel for Appellant.

Gene Smallwood, Jr., Polly & Smallwood, Whitesburg, Counsel for Appellee.

OPINION OF THE COURT

The workers' compensation claimant whose application is the subject of this appeal did not retain the physical capacity to return to his past employment, but he did return to supervisory work for the same employer, earning the same hourly wage as at the time of his injury. An Administrative Law Judge (ALJ) awarded triple benefits, applying the 2000 version of KRS 342.730(1)(c)1 and 2, and the Workers' Compensation Board (Board) and the Court...

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