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ALCAN ALUMINUM CORP. v. STONE

No. 2008-SC-000179-WC.

276 S.W.3d 817 (2009)

ALCAN ALUMINUM CORPORATION, Appellant, v. Jackie STONE; Honorable Lawrence F. Smith, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

January 22, 2009.

Attorney(s) appearing for the Case

John C. Morton, Morton Law, LLC, Henderson, KY, Counsel for Appellant, Alcan Aluminum Corporation.

Mary Michele Cecil, Caslin, Cecil & Holtrey, Owensboro, KY, Counsel for Appellee, Jackie Stone.

OPINION OF THE COURT

KRS 342.730(6) permits certain employer-funded disability benefits or accident and sickness benefits to offset workers' compensation income benefits. When the claimant became permanently and totally disabled, he elected to receive benefits under his employer's disability retirement plan because they were greater than his early retirement benefits would have been. Although an Administrative Law Judge (ALJ) gave the employer a dollar-for-dollar...

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