Quebecor Book Company v. Mikletich
2009-CA-001370 01/22/2010 2010 WL 199300
Opinion by Chief Judge Combs; Judge Taylor and Senior Judge Henry concurred. The Court affirmed a decision of the Workers’ Compensation Board that affirmed an administrative law judge’s opinion and award of benefits to a worker for cumulative, work-related hearing loss. The Court held that the Board ruled correctly under the circumstances and statutory percentages unique to hearing loss by not applying the statutory limitation analysis codified in KRS 342.185. Since the worker would not have been eligible to receive income benefits unless and until he reached an 8% whole person impairment, pursuant to KRS 342.7305(2), and the employer had timely notice of the 6% disability that existed more than two years before the worker filed his claim, there was no legal or equitable basis to carve out from the final award that portion attributable to the earlier onset of the injury.