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THE GAP v. CURTIS

No. 2003-SC-0733-WC.

142 S.W.3d 111 (2004)

THE GAP, Appellant, v. Cheryl CURTIS; Hon. Roger D. Riggs, Administrative Law Judge; and Workers' Compensation Board Appellees

Supreme Court of Kentucky.

August 26, 2004.

Attorney(s) appearing for the Case

Otto Daniel Wolff, McMurtry & Wolff, Covington, Counsel for Appellant.

Gregory N. Schabell, Busald, Funk & Zevely, PSC, Florence, Counsel for Appellee.

OPINION OF THE COURT

KRS 342.140(1)(d) excludes "overtime or premium pay" from the calculation of an injured worker's average weekly wage. An Administrative Law Judge (ALJ) determined that the additional fifty cents per hour the claimant received for working the third shift was premium pay and refused to include it in her weekly wage. Convinced, however, that the differential was part of the claimant's regular hourly rate and not a premium, the Workers' Compensation...

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