Legal Opinion

Toy v. Coca Cola Enterprises

Kentucky Supreme Court

Decided December 18, 2008No. 2008-SC-000149-WCPublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

An Administrative Law Judge (ALJ) denied the claimant’s motion to reopen to contest her former employer’s reduction in her benefits under KRS 342.730(l)(c)2. The ALJ reasoned that she presently earned the same or a greater wage from a different employer. The Workers’ Compensation Board and the Court of Appeals affirmed. Appealing, the claimant argues that KRS 342.730(l)(c)2 refers only to cessation of the employment to which she returned after she was injured and that her former employer should not benefit from her initiative in finding subsequent employment. We affirm.

The…

2Cases cited6 opinions

  1. City of Louisville v. HelmanCourt of Appeals of Kentucky (pre-1976) · 1952
  2. Hale v. CombsKentucky Supreme Court · 2000
  3. Meade v. REEDY COAL COMPANYKentucky Supreme Court · 2000
  4. Ball v. Big Elk Creek Coal Co.Kentucky Supreme Court · 2000
  5. AK Steel Corp. v. CommonwealthCourt of Appeals of Kentucky · 2002

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3Cited by11 opinions

  1. Livingood v. Transfreight, LLCKentucky Supreme Court · 2015
  2. University of the Cumberlands v. PennybackerKentucky Supreme Court · 2010
  3. Saxton v. CommonwealthKentucky Supreme Court · 2010
  4. Active Care Chiropractic, Inc. v. RuddMissouri Court of Appeals · 2018
  5. Deborah Robbins French v. Rev-A-ShelfKentucky Supreme Court · 2022

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