Beth-Elkhorn Corp. v. Lucas

LESTER, Judge.

This is an appeal from findings of fact, conclusions of law and a judgment of the Pike Circuit which reversed that portion of the Workers’ Compensation Board’s award which granted to appellant, Beth-Elkhorn Corporation, a credit on the award for the period of time during which appellee, James Lucas, received his full salary from Beth-Elkhorn.

James Lucas was a foreman for appellant when he became disabled on January 17, 1981, as a result of pneumoconiosis. Beth-Elkhorn and the Special Fund were both named party defendants. As a supervisory employe, Lucas was paid a salary rather…