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MILLER v. SQUARE D CO.

No. 2007-SC-000361-WC.

254 S.W.3d 810 (2008)

Lowell MILLER, Appellant, v. SQUARE D COMPANY; Hon. Shiela C. Lowther, Administrative Law Judge; Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

April 24, 2008.

Attorney(s) appearing for the Case

David B. Allen, Versailles, KY, for Appellant, Lowell Miller.

Carl Martin Brashear, Hoskins Law Offices, PLLC, Lexington, KY, for Appellee, Square D Company.

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." If an injured worker returns to work at the same or a greater average weekly wage, KRS 342.730(1)(c)2 permits a double benefit during any period of cessation of that employment.

An Administrative Law Judge (ALJ) determined that...

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