Whittaker v. Johnson

OPINION OF THE COURT

This appeal concerns whether the version of KRS 342.730(l)(b) which became effective April 4, 1994, permits an award of income benefits without a showing of actual occupational disability. Acts, 1994, Ch. 181, § 25.

Claimant sustained a back injury in 1995 which resulted in a 5% functional impairment pursuant to the American Medical Association’s Guides to the Evaluation of Permanent Impairment (Guides). After the injury, he returned to light duty work at full wages. The Administrative Law Judge (ALJ) who considered this workers’ compensation claim determined that…