Whittaker v. Robinson

OPINION OF THE COURT

This workers’ compensation appeal concerns the proper definition of the word “wage” with regard to determining whether the claimant returned to work at a wage *119which was greater than his pre-injury wage for the purposes of applying KRS 342.730(l)(b).

Claimant was employed by the defendant-employer as a mechanic or repairman in underground coal mining from February 22, 1995 until April 7, 1995, when he sustained a work-related injury to his left knee. The parties stipulated to an average weekly wage of $480.00, and the defendant-employer does not dispute claimant’s testimony…