Cook v. Paducah Recapping Service

I concur in result, but respectfully disagree with one facet of the Opinion.

Dr. K. Armand Fischer, a qualified orthopedic surgeon, testified to a 13% functional impairment applying the AMA Guides. The Board made no finding as to functional impairment and did not discuss this proof.

Even though the Board found no occupational disability, KRS 342.730(l)(b), as newly amended, imposes a statutory duty on the Board to consider functional impairment. This duty requires making a finding in this respect. The case is analogous to Jones v. Institute of Electronic Technology, Ky., 613 S.W.2d 420 (1981),…