Federal Materials Co. v. Baker

OPINION OF THE COURT

The issue in this case is what effect the amendment to KRS 342.730(3)(a) has upon the continuation of benefits to the surviving spouse, claimant herein. On July 24, 1984, Glenn Baker sustained a work-related injury. On October 26,1987, the amendment to KRS 342.730(3)(a), which reduces a surviving spouse’s share fi’om 100% to 50% of the worker’s award, became effective. On March 7, 1988, Glenn Baker was awarded benefits for 100% occupational disability. In July of 1988 he died of causes unrelated to his com-pensable injury, survived by his -widow, the claimant.

The employer,…