TOMMY STATON v. SPECIAL FUND; HON. RICHARD H. CAMPBELL, JR., ADMINISTRATIVE LAW JUDGE; and WORKERS' COMPENSATION BOARD
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RENDERED: September 25, 1998; 10:00 a.m.
NOT TO BE PUBLISHED
C ommonwealth O f K entucky
C ourt O f A ppeals
No.
1998-CA-000025-WC
TOMMY STATON
v.
APPELLANT
PETITION FOR REVIEW
OF A DECISION OF
THE WORKERS' COMPENSATION BOARD
WC-96-002432
SPECIAL FUND;
HON. RICHARD H. CAMPBELL, JR.,
ADMINISTRATIVE LAW JUDGE; and
WORKERS' COMPENSATION BOARD
APPELLEES
OPINION
AFFIRMING
* * *
BEFORE:
BUCKINGHAM, KNOX, AND SCHRODER, JUDGES.
KNOX, JUDGE:
Tommy Staton (Staton) was determined by the
Administrative Law Judge (ALJ) to be 100% permanently
occupationally disabled as a result of work-related injuries.
awarding Staton benefits under his claim, the ALJ ordered:
At such time as plaintiff attains age sixtyfive (65), the weekly amount of the income
benefits awarded herein shall be reduced in
accordance with the provisions of KRS
342.730(4); and the weekly benefit originally
awarded for plaintiff’s permanent disability
In
shall be utilized in computing each annual
reduction required by said statute.
Staton appealed to the Worker’s Compensation Board
(Board), arguing only that the tier-down provision of KRS
342.730(4) were unconstitutional in that they were discriminatory
with respect to age.
The Board rejected that argument, and
Staton makes that same argument in this appeal.
We believe Staton’s argument that KRS 342.730(4)
constitutes age discrimination has recently been answered by our
highest Court in Wynn v. Ibold, Inc., Ky., 969 S.W.2d 695 (1998).
We accordingly affirm the decision of the Workers’ Compensation
Board.
ALL CONCUR.
BRIEF FOR APPELLANT:
BRIEF FOR SPECIAL FUND:
Jeffery Hinkle
Inez, Kentucky
Benjamin C. Johnson
Louisville, Kentucky
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