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RENDERED : FEBRUARY 21, 2008 TO BE PUBLISHED

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2007-SC-000159-WC

MORSEY, INC. ON APPEAL FROM COURT OF APPEALS 2006-CA-000895-WC WORKERS' COMPENSATION NO . 04-84884

APPELLANT

V

CYNTHIA FRAZIER, WIDOW OF DANIEL FRAZIER, DECEASED ; HON. IRENE STEEN, ADMINISTRATIVE LAW JUDGE ; KENTUCKY WORKERS' COMPENSATION BOARD

APPELLEES

OPINION OF THE COURT REVERSING AND REMANDING KRS 342.730(4) requires all income benefits payable to spouses and dependents of deceased workers to terminate "when such spouses and dependents qualify for Social Security benefits by reason of the fact that the worker upon whose earnings entitlement is based would have qualified for normal old-age Social Security retirement benefits ." An Administrative Law Judge (ALJ) determined that Daniel Frazier's death was work-related and that KRS 342 .730(4) requires Cynthia Frazier's income benefits to terminate on the date that Daniel would have turned age 66 . The Workers' Compensation Board reversed, holding that the statute terminates her benefits when

Cynthia's benefits on the date that she would have qualified for Social Security benefits under 42 U .S .C.

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Kentucky Law