Keith v. Hopple Plastics

OPINION OF THE COURT

It is undisputed that the claimant’s work-related injury occurred when she was 68 years old and eligible for Social Security retirement benefits. Leaving an argument that KRS 342.730(4) was unconstitutional for the courts to decide, an Administrative Law Judge (ALJ) determined that the statute limited the duration of the claimant’s partial disability award to the difference between 102 weeks and the duration of the temporary total disability (TTD) benefits she had already received. The claimant’s sole argument on appeal was that KRS 342.730(4) violates the equal protection…