PENDYGRAFT v. FORD MOTOR CO.

No. 2007-SC-000658-WC.

260 S.W.3d 788 (2008)

Sarah PENDYGRAFT, Appellant, v. FORD MOTOR COMPANY, Hon. James L. Kerr, Administrative Law Judge and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

August 21, 2008.


Attorney(s) appearing for the Case

Christopher P. Evensen, Cotton & Evensen, PLLC, Louisville, KY, Counsel for Appellant.

Wesley G. Gatlin, Elizabeth M. Hahn, Boehl, Stopher & Graves, Louisville, KY, Counsel for Appellee.


OPINION OF THE COURT

An Administrative Law Judge (ALJ) included profit-sharing bonuses in the claimant's pre- and post-injury average weekly wage and, on that basis, found her to be ineligible for a double income benefit under KRS 342.730(1)(c)2. The Workers' Compensation Board affirmed. The claimant appeals a decision by the Court of Appeals to reverse and remand with directions to exclude the bonuses.

We affirm but for different reasons. To the extent...

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