FORD MOTOR CO. v. FORMAN

No. 2003-SC-0723-WC.

142 S.W.3d 141 (2004)

FORD MOTOR COMPANY, Appellant, v. Malinda FORMAN; Hon. Richard M. Joiner, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

August 26, 2004.


Attorney(s) appearing for the Case

Wesley G. Gatlin, Boehl Stopher & Graves, Louisville, Counsel for Appellant.

Christopher P. Evensen, Tamara Todd Cotton & Assoc., Louisville, Counsel for Appellee.


OPINION OF THE COURT

An Administrative Law Judge (ALJ) refused to enhance the claimant's income benefit under KRS 342.730(1)(c)1 despite evidence that physical restrictions prevented her from performing at certain work stations following her injury. The basis for the decision was evidence that a collective bargaining agreement grouped jobs at the employer's vehicle assembly plant into four classifications, and the claimant returned to work within the same classification...

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