Ball v. Big Elk Creek Coal Co.

OPINION OF THE COURT

This workers’ compensation appeal concerns the proper method for applying KRS 342.730(l)(c)2. with regard to post-injury earnings. 1996 Ky. Acts (1st Ex.Sess.) ch. 1, § 30.

Claimant sustained a work-related injury on February 1, 1997. He testified that at the time he was injured he earned $10.50 per hour and worked 58 hours per week. The parties stipulated that his average weekly wage was $581.54.

Following the injury, claimant returned to work with a different employer on August 20, 1997. At the time of the hearing, he testified that he was earning $11.00 per hour. Wage…