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AUDI OF LEXINGTON v. ELAM

No. 2011-SC-000449-WC.

367 S.W.3d 598 (2012)

AUDI OF LEXINGTON, Appellant, v. Colin ELAM; Honorable Marc Christopher Davis, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

June 21, 2012.

Attorney(s) appearing for the Case

Sherri Porter Brown , Ferreri & Fogle, PLLC, Lexington, KY, Counsel for Appellant, Audi of Lexington.

Patrick Joseph Murphy, II , Casey, Bailey & Maines, PLLC, Charles William Gorham , The Law Offices of Charles W. Gorham, Lexington, KY, Counsel for Appellee, Colin Elam.

OPINION OF THE COURT

When calculating the income benefit for the claimant's work-related injury, the Administrative Law Judge (ALJ) apportioned 63% of the 21% permanent impairment rating that existed at maximum medical improvement (MMI) to a pre-existing active condition, which was non-compensable. The Court of Appeals affirmed the Workers' Compensation Board's decision to vacate the calculation on the ground that the ALJ should have subtracted the pre-existing...

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