GEORGE HUMFLEET MOBILE HOMES v. CHRISTMAN

No. 2003-SC-0047-WC.

125 S.W.3d 288 (2004)

GEORGE HUMFLEET MOBILE HOMES, Appellant, v. Dennis CHRISTMAN; Hon. Donna H. Terry, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

January 22, 2004.


Attorney(s) appearing for the Case

Bennett Clark, Cart Martin Brashear, Hoskins Law Offices, PLLC, Lexington, Counsel for Appellant.

John E. Anderson, Cole, Cole, Anderson & Nagle, PSC, Barbourville, Counsel for Appellee.


OPINION OF THE COURT

KRS 342.730(1)(b) bases the calculation of a partial disability benefit on the worker's impairment under the AMA Guides to the Evaluation of Permanent Impairment (Guides), "latest edition available." Although the claimant's application was filed after the Fifth Edition of the Guides was certified as being generally available, the Administrative Law Judge (ALJ) relied upon an impairment that was assigned under the Fourth...

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