Adkins v. R & S BODY CO.

OPINION OF THE COURT

The claimant sustained a low back injury in September, 1997. After an unsuccessful attempt to return to light duty employment, he quit working in April, 1998. An Administrative Law Judge (ALJ) awarded benefits for permanent partial disability under KRS 342.730(l)(b) based upon an AMA impairment of 10%, and the award was enhanced by a factor of 1.5 under KRS 342.730(l)(c)l because the claimant did not retain the physical capacity to return to his pre-injury employment. This appeal concerns whether KRS 342.730(1) is arbitrary and violates Sections 14, 54, and 241 of the…