Arch of Kentucky, Inc. v. Thomas

OPINION OF

THE COURT

The issue in this workers’ compensation case involves the date for determining the benefit rate for retraining incentive benefits awarded to working miners. In that event, there is no date of last exposure. The Administrative Law Judge applied the common practice of determining the rate as of the date the claim is filed when the worker is still employed. The Workers’ Compensation Board and the Court of Appeals affirmed.

We are satisfied that the solution reached below is sound. We hereby affirm and adopt the opinion of the Court of Appeals. “BEFORE: howerton, McDonald, and…