Apache Coal Co. v. Fuller

LUKOWSKY, Justice.

This is an appeal from a judgment of the Pike Circuit Court which granted Rodney Fuller workmen’s compensation benefits in the amount of $27.00 per week for partial disability.

The factual background is not in dispute. The evidence established that Fuller was injured after January 1, 1973, that he returned to work for another company after his injury at a higher wage than he was earning at the time of his injury and that he had a ten percent to thirty-five percent functional impairment to the body as a whole. The board found that his average weekly wage was $170.00, that he…