Marsh v. Mercer Transportation

OPINION OF THE COURT

In a two-to-one decision, the Court of Appeals has vacated a finding concerning the average weekly wage of a truck driver whose earnings were based upon a percentage of the "gross revenue that her truck generated and remanded the claim for a determination under KRS 342.140(l)(f). Appealing, the claimant maintains that substantial evidence supported the finding under the criteria that are set forth in KRS 342.140(I)(f) and that the Court of Appeals’ decision to vacate the finding addressed an error that the employer failed to preserve.

The claimant and her husband worked…