Notwithstanding the provisions of KRS 342.730, during the period the employee is eligible for permanent total disability benefits and is actively participating in a vocational or physical rehabilitation program, pursuant to an order of the administrative law judge, the employee's benefits shall be calculated by taking eighty percent (80%) of his average weekly wage, but not more than one hundred percent (100%) of the state's average weekly wage, times the permanent disability rating as determined in this chapter.
KRS 342.715
Calculation of benefits during participation in vocational or physical rehabilitation program
Applied in 4 court decisions — leading case McCoy Elkhorn Coal Corp. v. Sullivan (1993)
Most recently applied in Neighborsv. River City Interiors (March 2006)
Effective: July 14, 2000 History: Amended 2000 Ky
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.