Employer not allowed credit against disability award for wages paid beyond two-year period of eligibility: MILLERSBURG MILITARY INSTITUTE V. PUCKETT (SC 4/24/2008)

MILLERSBURG MILITARY INSTITUTE V. PUCKETT
WORKERS COMP:  Credit for Payments Made by Employer
2007-SC-000549-WC.pdf
PUBLISHED: AFFIRMING
OPINION OF THE COURT; ABRAMSON NOT SITTING
DATE RENDERED: 4/24/2008 -77

The Employee was over 65 years old when he was injured, thus his benefit period was limited to two years. He was awarded disability benefits, and the employer was given credit for periods of temporary total disability paid during recuperation, and also for wages paid for two hours of work per day thereafter. The Court of Appeals reversed, finding that the wages paid were bona fide wages and not payments for disability, therefore, no credit is allowed per KRS 342.730. The Supreme Court affirmed the reversal.

By Peter Naake