Legal Opinion

Wal-Mart v. Southers

Court of Appeals of Kentucky

Decided October 22, 2004No. 2004-CA-000104-WCPublishedCited by 6 opinions

1Opinion of the Court

OPINION

MINTON, Judge.

When calculating an employee’s average weekly wage for potential benefits under Kentucky’s Workers’ Compensation law, an employee who is concurrently employed by more than one employer may combine the wages earned from all employers “as if earned from the employer hable for compensation.” 1 Sheila Southers was injured on the job while working for Wal-Mart. She also worked for H & R Block fulltime during income tax season and intermittently throughout the balance of the year. The issue we are asked to review is whether the Workers’ Compensation Board correctly determined…

2Cases cited13 opinions

  1. Western Baptist Hospital v. KellyKentucky Supreme Court · 1992
  2. Wolf Creek Collieries v. CrumCourt of Appeals of Kentucky · 1984
  3. Smyzer v. BF Goodrich Chemical CompanyCourt of Appeals of Kentucky (pre-1976) · 1971
  4. M.J. Daly Co. v. VarneyKentucky Supreme Court · 1985
  5. Miller v. East Kentucky Beverage/Pepsico, Inc.Kentucky Supreme Court · 1997

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3Cited by6 opinions

  1. Butler's Fleet Service v. MartinCourt of Appeals of Kentucky · 2005
  2. Bill Wilder v. Muhlenberg County Coal Co.Court of Appeals of Kentucky · 2022
  3. Garrard County Fiscal Court v. CampsKentucky Supreme Court · 2015
  4. Hall Contracting of Kentucky Inc. v. HuffCourt of Appeals of Kentucky · 2015
  5. Michele Hampton, as Administratrix of the Estate of Geoffrey Hampton v. Intech Contracting, LLCKentucky Supreme Court · 2021

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