10 Kentucky opinions name it 3 courts 1931–2021 1 in the last five years
The cases below were cited by Kentucky courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Adkins v. Pike County Board of Educationgreen2 sentences2021In this instance, the parties stipulated to a pre-injury AWW 6 Where a Fawbush analysis is required, the ALJ must consider “a broad range of factors, only one of which is the ability to perform the current job.” And ultimately, the ALJ must consider “whether the injury has permanently altered the worker’s ability to earn an income.” Voith, 516 S.W.3d at 821 (quoting Adkins v. Pike County Bd. of Educ., 141 S.W.3d 387, 390 (Ky. App. 2004) and Adams v. NHC Healthcare, 199 S.W.3d 163, 168 (Ky. 2006)). 2020It also cites Voith, 516 S.W.3d at 821 as quoting Adkins, 141 S.W.3d at 390 that “in determining whether a claimant can continue to earn an equal or greater wage, the ALJ must consider a broad range of factors, only one of which is the ability to perform the current job” (emphasis added) and as quoting Adams, 199 S.W.3d at 168 : “The standard for the decision is whether the injury has permanently altered the worker’s ability to earn an income.” These cases involving whether to apply the two- multiplier or the three-multiplier in no way clearly require that an ALJ consider other positions avail | 2 | 8 |
Adams v. NHC HEALTHCAREgreen2 sentences2021In this instance, the parties stipulated to a pre-injury AWW 6 Where a Fawbush analysis is required, the ALJ must consider “a broad range of factors, only one of which is the ability to perform the current job.” And ultimately, the ALJ must consider “whether the injury has permanently altered the worker’s ability to earn an income.” Voith, 516 S.W.3d at 821 (quoting Adkins v. Pike County Bd. of Educ., 141 S.W.3d 387, 390 (Ky. App. 2004) and Adams v. NHC Healthcare, 199 S.W.3d 163, 168 (Ky. 2006)). 2020It also cites Voith, 516 S.W.3d at 821 as quoting Adkins, 141 S.W.3d at 390 that “in determining whether a claimant can continue to earn an equal or greater wage, the ALJ must consider a broad range of factors, only one of which is the ability to perform the current job” (emphasis added) and as quoting Adams, 199 S.W.3d at 168 : “The standard for the decision is whether the injury has permanently altered the worker’s ability to earn an income.” These cases involving whether to apply the two- multiplier or the three-multiplier in no way clearly require that an ALJ consider other positions avail | 2 | 3 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Voith Industrial Services, Inc. v. Gray
green
2 sentences2021In this instance, the parties stipulated to a pre-injury AWW 6 Where a Fawbush analysis is required, the ALJ must consider “a broad range of factors, only one of which is the ability to perform the current job.” And ultimately, the ALJ must consider “whether the injury has permanently altered the worker’s ability to earn an income.” Voith, 516 S.W.3d at 821 (quoting Adkins v. Pike County Bd. of Educ., 141 S.W.3d 387, 390 (Ky. App. 2004) and Adams v. NHC Healthcare, 199 S.W.3d 163, 168 (Ky. 2006)). 2020It also cites Voith, 516 S.W.3d at 821 as quoting Adkins, 141 S.W.3d at 390 that “in determining whether a claimant can continue to earn an equal or greater wage, the ALJ must consider a broad range of factors, only one of which is the ability to perform the current job” (emphasis added) and as quoting Adams, 199 S.W.3d at 168 : “The standard for the decision is whether the injury has permanently altered the worker’s ability to earn an income.” These cases involving whether to apply the two- multiplier or the three-multiplier in no way clearly require that an ALJ consider other positions avail | 2 | 2020–2021 |
Fidelity & Deposit Co. of Maryland v. Charles Hegewald Co.
neutral
2 sentences1932In Fidelity & Deposit Co. of Maryland v. Charles Hegewald Co., 144 Ky. 790 , 139 S. W. 975 , a recovery was permitted for certain parts used to replace worn-out portions of the machinery. 1932In Fidelity & Deposit Co. of Maryland v. Charles Hegewald Co., 144 Ky. 790 , 139 S. W. 975 , a recovery was permitted for certain parts used to replace worn-out portions of the machinery. | 1 | 1932–1932 |
Williams Coal Co. v. Cooper
neutral
2 sentences1931Hazard Coal Co. v. Wallace, 181 Ky. 636 , 205 S. W. 692 ; Williams Coal Co. v. Cooper, 138 Ky. 287 , 127 S. W. 1000 ; Carter Coal Co. v. Prichard, 166 Ky. 776 , 179 S. W. 1038 . 1931Hazard Coal Co. v. Wallace, 181 Ky. 636 , 205 S. W. 692 ; Williams Coal Co. v. Cooper, 138 Ky. 287 , 127 S. W. 1000 ; Carter Coal Co. v. Prichard, 166 Ky. 776 , 179 S. W. 1038 . | 1 | 1931–1931 |
Carter Coal Co. v. Prichard's Administrator
neutral
2 sentences1931Hazard Coal Co. v. Wallace, 181 Ky. 636 , 205 S. W. 692 ; Williams Coal Co. v. Cooper, 138 Ky. 287 , 127 S. W. 1000 ; Carter Coal Co. v. Prichard, 166 Ky. 776 , 179 S. W. 1038 . 1931Hazard Coal Co. v. Wallace, 181 Ky. 636 , 205 S. W. 692 ; Williams Coal Co. v. Cooper, 138 Ky. 287 , 127 S. W. 1000 ; Carter Coal Co. v. Prichard, 166 Ky. 776 , 179 S. W. 1038 . | 1 | 1931–1931 |
Hazard Coal Co. v. Wallace
neutral
2 sentences1931Hazard Coal Co. v. Wallace, 181 Ky. 636 , 205 S. W. 692 ; Williams Coal Co. v. Cooper, 138 Ky. 287 , 127 S. W. 1000 ; Carter Coal Co. v. Prichard, 166 Ky. 776 , 179 S. W. 1038 . 1931Hazard Coal Co. v. Wallace, 181 Ky. 636 , 205 S. W. 692 ; Williams Coal Co. v. Cooper, 138 Ky. 287 , 127 S. W. 1000 ; Carter Coal Co. v. Prichard, 166 Ky. 776 , 179 S. W. 1038 . | 1 | 1931–1931 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.