EGS BRANCH MINING v. FLOYD COLEMAN ; DONALD G . SMITH, ADMINISTRATIVE LAW JUDGE ; AND WORKERS' COMPENSATION BOARD and FLOYD COLEMAN v. PEGS BRANCH MINING ; DONALD G . SMITH ADMINISTRATIVE LAW JUDGE ;

State: Kentucky

Court: Supreme Court

Docket No: 2002-SC-000189-WC

Case Date: 02/17/2003

Plaintiff: EGS BRANCH MINING

Defendant: FLOYD COLEMAN ; DONALD G . SMITH, ADMINISTRATIVE LAW JUDGE ; AND WORKERS' COMPENSATION BOARD and FL

Preview:NOT TO BE PUBLISHED OPINION

IMPORTANT NOTICE

THIS OPINIONIS DESIGNA TED "NOT TO BE PUBLISHED." PURSUANT TO THE RULES OF CIVIL PROCED URE PROMUL GA TED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS A UTHORITYINANY OTHER CASE IN ANY COURT OF THIS STATE.

RENDERED : JANUARY 23, 2003 NOT TO BE PUBLISHED

APPEAL FROM COURT OF APPEALS 2001-CA-1579-WC WORKERS' COMPENSATION BOARD NO. 98-61013 FLOYD COLEMAN ; DONALD G. SMITH, ADMINISTRATIVE LAW JUDGE; AND WORKERS' COMPENSATION BOARD

APPELLEES

and
FLOYD COLEMAN

2002-SC-0189-WC CROSS-APPELLANT

APPEAL FROM COURT OF APPEALS 2001-CA-1579-WC WORKERS' COMPENSATION BOARD NO. 98-61013 PEGS BRANCH MINING ; DONALD G . SMITH ADMINISTRATIVE LAW JUDGE; AND WORKERS' COMPENSATION BOARD

CROSS-APPELLEES

MEMORANDUM OPINION OF THE COURT AFFIRMING The Workers' Compensation Board (Board) and the Court of Appeals have affirmed a finding that the claimant lacked the physical capacity to return to the work that he performed when injured. They have also rejected an argument that by basing

permanent partial disability awards upon American Medical Association (AMA) impairment ratings, KRS 342 .730(1)(b) amounts to an unconstitutional delegation of legislative power to the organization . Ky. Const.

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