Jewell v. Kentucky School Board Ass'n

I concur in the result of the majority’s opinion, but would add as to Issue III, that the amount of any offset is limited to the BRB actually “paid or payable” — meaning it has been, or will be paid. There is no offset for amounts that will not be paid. Such an effect was never the intention of KRS 304.39-060(2). See Slone v. Caudill, 734 S.W.2d 480 (Ky.App.1987); and Henson v. Fletcher, 957 S.W.2d 281 (Ky.App.1997).