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NESCO v. HADDIX

Nos. 2010-SC-000216-WC, 2010-SC-000247-WC.

339 S.W.3d 465 (2011)

NESCO, Appellant, v. Jacklyn HADDIX; Honorable Joseph Justice, Administrative Law Judge; and Workers' Compensation Board, Appellees. Jacklyn Haddix, Cross-Appellant v. Nesco; Honorable Joseph W. Justice, Administrative Law Judge; and Workers' Compensation Board, Cross-Appellees.

Supreme Court of Kentucky.

May 19, 2011.

Attorney(s) appearing for the Case

Hugh Brettelle Stonecipher , Tighe A. Estes , Ferreri & Fogle, Lexington, KY, Counsel for Appellant/Cross-Appellee, Nesco.

Daniel Edward Moriarty , Lexington, KY, Counsel for Appellee/Cross-Appellant, Jacklyn Haddix.

OPINION OF THE COURT

An Administrative Law Judge (ALJ) found that the claimant's work for the defendant-employer's temporary employment agency was sporadic but failed to specify whether KRS 342.140(1)(d) or (1)(e) was used to calculate her average weekly wage. The Workers' Compensation Board reversed and remanded the claim for further proceedings to include the taking of additional proof and an analysis of the evidence under KRS 342.140(1)(e). This appeal and cross...

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