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TOY v. COCA COLA ENTERPRISES

No. 2008-SC-000149-WC.

274 S.W.3d 433 (2008)

Sandra TOY, Appellant v. COCA COLA ENTERPRISES; Honorable Sheila Lowther, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

December 18, 2008.

Attorney(s) appearing for the Case

Theresa C. Gilbert, Ann Batterton Lawyer, Denney, Morgan, Rather & Gilbert, Lexington, KY, Counsel for Appellant, Sandra Toy.

Joel Walter Aubrey, Mary Ellen Schaffner, Pohl, Kiser & Aubrey, P.S.C., Louisville, KY, Counsel for Appellee, Coca Cola Enterprises.

OPINION OF THE COURT

An Administrative Law Judge (ALJ) denied the claimant's motion to reopen to contest her former employer's reduction in her benefits under KRS 342.730(1)(c)2. The ALJ reasoned that she presently earned the same or a greater wage from a different employer. The Workers' Compensation Board and the Court of Appeals affirmed. Appealing, the claimant argues that KRS 342.730(1)(c)2 refers only to cessation...

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