Miller v. Square D Co.

OPINION OF THE COURT

KRS 342.730(l)(c)l permits an injured worker’s income benefit to be tripled if the worker “does not retain the physical capacity to return to the type of work that the employee performed at the time of injury.” If an injured worker returns to work at the same or a greater average weekly wage, KRS 342.730(l)(c)2 permits a double benefit during any period of cessation of that employment.

An Administrative Law Judge (ALJ) determined that the claimant was not entitled to an enhanced benefit under either statute because he could perform the mold technician job in which he was…