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TUDOR v. INDUSTRIAL MOLD & MACH. CO., INC.

No. 2011-SC-000589-WC.

375 S.W.3d 63 (2012)

Roger W. TUDOR, Appellant v. INDUSTRIAL MOLD & MACHINE CO., INC.; Honorable Richard M. Joiner, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

August 23, 2012.

Attorney(s) appearing for the Case

Daniel Caslin , Mary Michele Cecil , Caslin, Cecil & Holtrey, Owensboro, KY, Counsel for Appellant, Roger W. Tudor.

David Leo Murphy , Murphy Law Offices, PLLC, Louisville, KY, Counsel for Appellee, Industrial Mold & Machine Co., Inc.

Eric M. Lamb , Lamb & Lamb, PSC, Louisville, KY, Counsel for Amicus Curiae, Kentucky Chapter of American Federation of Labor and Congress of Industrial Organizations (Referred to as "Kentucky AFL-CIO").

OPINION OF THE COURT

This appeal concerns the method for excluding impairment from a non-compensable disability when calculating a worker's permanent partial disability benefit under the post-1996 version of KRS 342.730(1)(b).

The Administrative Law Judge (ALJ) calculated a benefit based on the claimant's entire post-injury permanent impairment rating and then subtracted an amount equal to a benefit based on his pre-existing active impairment rating. Reversing...

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