George Humfleet Mobile Homes v. Christman

OPINION OF THE COURT

KRS 342.730(l)(b) bases the calculation of a partial disability benefit on the worker’s impairment under the AMA Guides to the Evaluation of Permanent Impairment {Guides), “latest edition available.” Although the claimant’s application was filed after the Fifth Edition of the Guides was certified as being generally available, the Administrative Law Judge (ALJ) relied upon an impairment that was assigned under the Fourth Edition of the Guides when calculating the claimant’s income benefit. In a two-to-one decision that was affirmed by the Court of Appeals, the Workers’…