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ADAMS v. NHC HEALTHCARE

No. 2005-SC-0836-WC.

199 S.W.3d 163 (2006)

Arnold ADAMS, Appellant, v. NHC HEALTHCARE; Hon. Grant Roark, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

August 24, 2006.

Attorney(s) appearing for the Case

Dick Adams, Thomas Elmus Springer III, Adams Law Firm, Madisonville, Counsel for Appellant.

Leeann Bailey, Boehl, Stopher & Graves, Paducah, Counsel for Appellee, NHC Healthcare.

OPINION OF THE COURT

An Administrative Law Judge (ALJ) refused to consider post-hearing evidence regarding the claimant's social security disability award and determined that he was only partially disabled. Noting that the facts complied with both KRS 342.730(1)(c)1 and 2, the ALJ determined that the claimant could return immediately to other regular employment at the same or a greater wage and awarded benefits under KRS 342.730(1)(c)2. Although the Workers' Compensation...

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