Livingood v. Transfreight, LLC
Annotate this CaseAppellant injured his left shoulder while working for Appellee. Appellant underwent three shoulder surgeries and returned to work on light duty between the surgeries. After Appellant returned to work without restrictions, Appellee terminated his employment for bumping into a pole while operating a forklift. An administrative law judge (ALJ) denied Appellant’s request for temporary total disability (TTD) benefits while Appellant was on light duty and declined to award the two multiplier under Ky. Rev. Stat. 342.730(1)(c)(2) and Chrysalis House, Inc. v. Tackett after finding that Appellant was not terminated due to his disabling shoulder injury. The Workers’ Compensation Board and the Court of Appeals affirmed. The Supreme Court (1) affirmed the denial of TTD benefits, as the evidence did not compel a contrary finding; and (2) reversed and remanded with respect to the two multiplier, as the circumstances in this case led the Court to reconsider its holding in Chrysalis House and its construction of section 342.730(1)(c)(2).
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