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HIGHLAND HEIGHTS VOLUNTEER FIRE v. ELLIS

No. 2004-SC-0420-WC.

160 S.W.3d 768 (2005)

HIGHLAND HEIGHTS VOLUNTEER FIRE DEPARTMENT, Appellant, v. Gavin ELLIS; Hon. Lloyd R. Edens, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

April 21, 2005.

Attorney(s) appearing for the Case

Mary Kathryn Manis, Baird, Baird, Baird & Jones, Lexington, Counsel for Appellant.

Gregory B. Kriege, Alexandria, 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) on the ground that he retained the physical capacity to return to his regular employment and had done so. The Workers' Compensation Board (Board) determined that the ALJ erred by failing to base the decision on the claimant's inability to return to volunteer firefighting, the work he was performing at the time he was injured, and the Court...

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