Old Republic Insurance Co. v. McCarty

STEPHENS, Justice.

The question before the court is whether the Workmen’s Compensation Board, in determining permanent partial disability pursuant to KRS 342.620(9), must make a definite finding relative to the worker’s ability to perform a specific, prior occupation.

The respondent, David McCarty, was injured while driving a coal truck for the movant, Ottie Blevins, and sustained a fractured left foot and ankle. For a year and a half prior to the accident, McCarty had been employed as an underground miner. One month prior to the accident he was laid off as a miner and took a job driving a coal…