Gap v. Curtis

OPINION OF THE COURT

KRS 342.140(l)(d) excludes “overtime or premium pay” from the calculation of an injured worker’s average weekly wage. An Administrative Law Judge (ALJ) determined that the additional fifty cents per hour the claimant received for working the third shift was premium pay and refused to include it in her weekly wage. Convinced, however, that the differential was part of the claimant’s regular hourly rate and not a premium, the Workers’ Compensation Board (Board) reversed. The Court of Appeals affirmed the Board, and we affirm.

*112In August 2000, the claimant sustained…