Leeco, Inc. v. Crabtree

OPINION OF THE COURT

This appeal concerns the proper application of the “tier down” provision contained in KRS 342.730(4) to a combined award for successive disabilities, one of which occurred before the effective date of the provision. Acts 1994, ch. 181, § 25.

Claimant filed a workers’ compensation claim based upon injuries which were sustained in incidents occurring on July 2,1992, and May 24, 1994. In an opinion rendered on February 28, 1996, the Administrative Law Judge (ALJ) determined that claimant was permanently and totally occupationally disabled due to the combined effects of the…