Lowe's No. 0507 v. Greathouse

OPINION OF THE COURT

KRS 842.730(l)(c)l 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 at the time of injury.” The claimant was injured while working for the defendant-employer. Although he remained physically capable of performing that job, he lacked the physical capacity to return to his concurrent job for a different employer. Convinced that KRS 342.780(l)(c)l refers to work performed in the employment in which the injury occurred, an Administrative Law Judge (ALJ)…