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LOWE'S NO. 0507 v. GREATHOUSE

No. 2005-SC-0515-WC.

182 S.W.3d 524 (2006)

LOWE'S # 0507, Appellant, v. James A. GREATHOUSE; Hon. Lawrence F. Smith, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

January 19, 2006.

Attorney(s) appearing for the Case

Charles E. Lowther, Boehl, Stopher & Graves, LLP, Lexington, KY, for Appellant.

Kenneth B. Fouts, II, Bussey & Fouts, Lexington, KY, for Appellee, James A. Greathouse.

OPINION OF THE COURT

KRS 342.730(1)(c)1 permits an injured worker's income benefit to be tripled if the worker "does not retain the physical capacity to return to the type of work that the employee performed at the time of injury." The claimant was injured while working for the defendant-employer. Although he remained physically capable of performing that job, he lacked the physical capacity to return to his concurrent job for a different employer. Convinced that...

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