Helton v. Rockhampton Energy, LLC
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The Supreme Court affirmed the judgment of the court of appeals affirming the order of the Workers Compensation Board reversing an Administrative Law Judge's (ALJ) application of the 2x multiplier in Ky. Rev. Stat. 342.730(1)(c)2, holding that there was no error.
After suffering a work-related injury Claimant continued working his normal job for almost one year before he was laid off for unrelated reasons. The ALJ determined that, since Claimant earned no wage after the lay-off he qualified for the 2x multiplier, which doubles a claimant's benefits if the claimant returns to work after injury at the same or higher wages but subsequently experiences a cessation of that employment. The Board reversed as to the application of the 2x multiplier, determining that there was no "return" to work under section 342.730(1)(c)2. The court of appeals affirmed. The Supreme Court affirmed, holding that the ALJ misapplied the law to the facts.
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