Lowe's No. 0507 v. Greathouse

182 S.W.3d 524 (2006)

LOWE'S # 0507, Appellant,

v.

James A. GREATHOUSE; Hon. Lawrence F. Smith, Administrative Law Judge; and Workers' Compensation Board, Appellees.

No. 2005-SC-0515-WC.

Supreme Court of Kentucky.

January 19, 2006.

Charles E. Lowther, Boehl, Stopher & Graves, LLP, Lexington, KY, for Appellant.

Kenneth B. Fouts, II, Bussey & Fouts, Lexington, KY, for Appellee, James A. Greathouse.

OPINION OF THE COURT

KRS 342.730(1)(c)1 permits an injured worker's income benefit to be tripled if the worker "does not retain the physical capacity to return to the type of work that the employee performed…