CHRYSALIS HOUSE, INC. v. TACKETT

No. 2008-SC-000221-WC.

283 S.W.3d 671 (2009)

CHRYSALIS HOUSE, INC., Appellant, v. Kenneth TACKETT; Honorable Grant Roark, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Rehearing Denied June 25, 2009.


Attorney(s) appearing for the Case

Gregory Lonzo Little, Ferreri & Fogle, Lexington, KY, Counsel for Appellant, Chrysalis House, Inc.

David Marshall, Lexington, KY, Counsel for Appellee, Kenneth Tackett.


OPINION OF THE COURT

An Administrative Law Judge (ALJ) ordered the claimant's employer to pay him a double income benefit under KRS 342.730(1)(c)2, basing the decision on findings that he returned to work at the same or a greater wage but that the employer terminated the employment and he earned less presently than at the time of his injury. The Workers' Compensation Board and the Court of Appeals affirmed based on the statute's unambiguous language. Appealing,...

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