Pendygraft v. Ford Motor Co.

OPINION OF THE COURT

An Administrative Law Judge (ALJ) included profit-sharing bonuses in the claimant’s pre- and post-injury average weekly wage and, on that basis, found her to be ineligible for a double income benefit under KRS 342.730(l)(c)2. The Workers’ Compensation Board affirmed. The claimant appeals a decision by the Court of Appeals to reverse and remand with directions to exclude the bonuses.

We affirm but for different reasons. To the extent that an employee works for profit-sharing in lieu of wages, the employee’s actual hourly wage is not fixed or cannot be determined. The average…