Adams v. NHC HEALTHCARE

OPINION OF THE COURT

An Administrative Law Judge (ALJ) refused to consider post-hearing evidence regarding the claimant’s social security disability award and determined that he was only partially disabled. Noting that the facts complied with both KRS 342.730(l)(c)l and 2, the ALJ determined that the claimant could return immediately to other regular employment at the same or a greater wage and awarded benefits under KRS 342.730(l)(c)2. Although the Workers’ Compensation Board affirmed on the first two issues and found no error in the corrected order denying reconsideration, it determined that…