Chrysalis House, Inc. v. Tackett

OPINION OF THE COURT

An Administrative Law Judge (ALJ) ordered the claimant’s employer to pay him a double income benefit under KRS 342.730(l)(c)2, basing the decision on findings that he returned to work at the same or a greater wage but that the employer terminated the employment and he earned less presently than at the time of his injury. The Workers’ Compensation Board and the Court of Appeals affirmed based on the statute’s unambiguous language. Appealing, the employer asserts that it discharged the claimant for cause due to an allegation of criminal activity; that the ALJ determined he…