Chisholm Coal Co. v. Downey

OPINION OF THE COURT

This combined appeal concerns whether the provision in KRS 342.732(l)(a) that retraining incentive benefits “shall be payable for a period not to exceed two hundred and eight (208) weeks,” permits the award of a retraining incentive benefit for a period of less than 208 weeks.

Both workers herein were awarded retraining incentive benefits pursuant to KRS 342.732(l)(a). In each case the employer argued that an award for a number of weeks less than the statutory maximum was justified’ because the evidence of whether or not the worker actually had contracted the dis-° ease was…