Highland Heights Volunteer Fire Department v. Ellis

OPINION OF THE COURT

An Administrative Law Judge (ALJ) refused to enhance the claimant’s income benefit under KRS 342.730(l)(c) on the ground that he retained the physical capacity to return to his regular employment and had done so. The Workers’ Compensation Board (Board) determined that the ALJ erred by failing to base the decision on the claimant’s inability to return to volunteer firefighting, the work he was performing at the time he was injured, and the Court of Appeals affirmed. We reverse.

The claimant was born in 1976. He had two undergraduate degrees, was pursuing an MBA, and was a…