Tudor v. Industrial Mold & Machine Co.

OPINION OF THE COURT

This appeal concerns the method for excluding impairment from a non-compen-sable disability when calculating a worker’s permanent partial disability benefit under the post-1996 version of KRS 342.730(l)(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, the Workers’ Compensation Board determined that the present version of KRS 342.730(l)(b) requires the calculation of income benefits…