Legal Opinion · Concurrence

Transport Motor Express, Inc. v. Finn

Court of Appeals of Kentucky

Decided October 7, 1977Published

1ConcurrencePark, Judge

J., and WILHOIT, J., join, concurring in the result.

I agree with the decision in this case. I disagree only with that portion of the opinion which discusses “lost wages. Step 2(a) dealing with “lost wages” has no part in the computation of income benefits, and the claimant would not have been entitled to 100% of lost wages had he cross-appealed.

Lost wages are important for the purpose of determining whether there is disability and, if so, the degree of disability. However, 100% of lost wages should not be awarded as income benefits under the workmen’s compensation act. To award 100% of lost…

2Cases cited4 opinions

  1. Osborne v. JohnsonCourt of Appeals of Kentucky (pre-1976) · 1968
  2. Apache Coal Co. v. FullerKentucky Supreme Court · 1976
  3. Gish v. ShaverCourt of Appeals of Kentucky · 1910
  4. Liberty Engineering & Manufacturing Co. v. GrangerCourt of Appeals of Kentucky · 1977

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