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AK STEEL CORP. v. JOHNSTON

No. 2004-SC-0129-WC, 2004-SC-0162-WC.

153 S.W.3d 837 (2005)

AK STEEL CORPORATION, Appellant, v. Thomas JOHNSTON; Hon. Irene Steen, Administrative Law Judge; and Workers' Compensation Board, Appellees. and AK Steel Corporation, Appellant, Ray Allen; Hon. James L. Kerr, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

January 20, 2005.

Attorney(s) appearing for the Case

Christopher A. Dawson, Ashland, Counsel for Appellant.

George C. Perry, III, Robert G. Miller, Jr., Perry, Preston and Miller, Paintsville, Counsel for Appellees, Thomas Johnston and Ray Allen.

OPINION OF THE COURT

These appeals concern the construction of KRS 342.7305. Affirming decisions of the Workers' Compensation Board (Board), which reversed in AK Steel Corp. v. Thomas Johnston (2004-SC-0129-WC) and affirmed in AK Steel Corp. v. Ray Allen (2004-SC-0162-WC), the Court of Appeals has determined that age-related impairment is not excluded from an AMA impairment when calculating the income benefit for a noise-induced hearing loss. We affirm...

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