Marsh v. Mercer Transportation

Summary

The Kentucky Supreme Court addressed the method for calculating an injured truck driver's average weekly wage under KRS 342.140(1)(f). The court held that the provision concerning the usual wage for similar services by paid employees applied, and that the administrative law judge had not used that method. The court affirmed the Court of Appeals' remand for reconsideration of the average weekly wage.

Holdings

1. KRS 342.140(1)(f) applies when a worker's hourly wage has not been fixed or cannot be ascertained and requires consideration of the usual wage for similar services rendered by paid employees.
2. The ALJ did not apply KRS 342.140(1)(f) when calculating Marsh's average weekly wage, so remand for consideration of the evidence under that subsection was required.

Questions Presented

1. Whether KRS 342.140(1)(f), governing situations in which the hourly wage has not been fixed or cannot be ascertained, applied to determine Marsh's average weekly wage.
2. Whether the Administrative Law Judge properly calculated Marsh's average weekly wage under KRS 342.140(1)(f), or whether remand was required.

Disposition

affirmed