Commonwealth, Uninsured Employers' Fund v. Rogers
Annotate this CaseClaimant filed an application for workers' compensation, alleging injuries while working for Employer as a roofer. Having become a party because Employer was uninsured, the Uninsured Employers' Fund (UEF) denied the claim and stated that claimant's average weekly rate was unknown. Claimant asserted that his average weekly wage must be calculated under Ky. Rev. Stat. 342.140(1)(e) because he had worked for less than thirteen weeks when the injury occurred. The ALJ applied section 342.140(1)(e) and determined that Claimant's weekly wage was $400 per week. The Workers' Compensation Board vacated the average weekly rate calculation because the record contained insufficient evidence to apply section 342.140(1)(e) properly. The Board then remanded the claim for additional proceedings to include the taking of additional proof. The court of appeals affirmed. The Supreme Court reversed, holding that the Board exceeded its authority under Ky. Rev. Stat. 342.285(2)(c) by remanding the claim in order to provide Claimant with a second opportunity to meet his burden of proof.
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