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SWEASY v. WAL-MART STORES, INC.

No. 2009-SC-000219-WC.

295 S.W.3d 835 (2009)

Betty J. SWEASY, Appellant, v. WAL-MART STORES, INC. #1269; Honorable Richard M. Joiner, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

October 29, 2009.

Attorney(s) appearing for the Case

Wayne C. Daub, Louisville, KY, Counsel for Appellant, Betty J. Sweasy.

William Bryan Hubbard, Ward, Hocker & Thornton, PLLC, James Richard Martin, II, Lexington, KY, Counsel for Appellee, Wal-Mart Stores, Inc. # 1269.

OPINION OF THE COURT

The Workers' Compensation Board reversed an Administrative Law Judge's (ALJ's) decision to award permanent partial disability benefits from the date that the claimant reached maximum medical improvement (MMI), holding that her entitlement began on the date of her injury. The Court of Appeals reversed and reinstated the award, however, having construed KRS 342.730(1)(d) to mean that an award based on a disability rating of fifty percent or less...

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