C & D Bulldozing Co. v. Brock

MEMORANDUM OPINION OF THE COURT

The issue in this workers’ compensation case involves the calculation of an employee's average weekly wage. Claimant was awarded compensation benefits upon a 50% occupational disability finding as a result of his contraction of coal workers’ pneumo-coniosis. The Administrative Law Judge (AU) calculated claimant’s average weekly wage pursuant to KRS 342.140(l)(d). The Workers’ Compensation Board (Board) reversed the AU on the wage calculation and held that KRS 342.140(l)(e) provided the proper method of calculation rather than subsection (l)(d). The Court of…