Sweasy v. Wal-Mart Stores, Inc. 1269

OPINION OF THE COURT

The Workers’ Compensation Board reversed an Administrative Law Judge’s (ALJ’s) decision to award permanent partial disability benefits from the date that the claimant reached maximum medical improvement (MMI), holding that her entitlement began on the date of her injury. The Court of Appeals reversed and reinstated the award, however, having construed KRS 342.730(l)(d) to mean that an award based on a disability rating of fifty percent or less “may or may not begin” when the impairment or disability from an injury arises. Appealing, the claimant argues that there is no…