Citation Coal Co. v. Lewis

CLAY, Commissioner.

In this workmen’s compensation case the question presented is: what credit should be allowed the employer as the commuted value of lump sum payments of two attorneys’ fees?

In 1957 the Board found the employee had sustained 33½ percent partial disability and awarded him $9 a week, not to exceed 400 weeks. An attorney’s fee of $854.20 was allowed and it was paid in a lump sum. Under KRS 342.320, upon making this payment, the employer was entitled to a credit for the last 117.6 weekly payments which would become due.

In 1960 the Board found total and permanent disability and…