Audi of Lexington v. Elam
Annotate this CaseWhen calculating the income benefit for he claimant's work-related injury, the ALJ apportioned sixty-three percent of the twenty-one percent permanent impairment rating that existed at maximum medical improvement (MMI) to a pre-existing active condition, which was non-compensable. The court of appeals affirmed the workers' compensation board's decision to vacate the calculation on the ground that the ALJ should have subtracted the pre-existing active impairment rating that existed immediately before the injury from the impairment rating that existed at MMI and based the income benefit on the remainder. The employer appealed, arguing that nothing prevented the ALJ from apportioning the impairment rating at MMI based on permissible inferences drawn from the medical evidence. The Supreme Court affirmed, holding that the board and court of appeals applied the correct methodology for determining the impairment rating upon which to base income benefits.
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