Alcan Aluminum Corp. v. Stone

OPINION OF THE COURT

KRS 342.730(6) permits certain employer-funded disability benefits or accident and sickness benefits to offset workers’ compensation income benefits. When the claimant became permanently and totally disabled, he elected to receive benefits under his employer’s disability retirement plan because they were greater than his early retirement benefits would have been. Although an Administrative Law Judge (ALJ) gave the employer a dollar-for-dollar credit against the awarded income benefits, the Workers’ Compensation Board (Board) held that the offset must be limited to the…