Nesco v. Haddix

OPINION OF THE COURT

An Administrative Law Judge (ALJ) found that the claimant’s work for the defendant-employer’s temporary employment agency was sporadic but failed to specify whether KRS 342.140(l)(d) or (l)(e) was used to calculate her average weekly wage. The Workers’ Compensation Board reversed and remanded the claim for further proceedings to include the taking of additional proof and an analysis of the evidence under KRS 342.140(l)(e). This appeal and cross-appeal are taken from a decision by the Court of Appeals to affirm.

Appealing, the employer argues that which subsection of KRS…