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McCoy Elkhorn Coal Corp. v. Sullivan9/30/1993
or total occupational disability due either to pneumoconiosis or to injury. See also, Larson, Workers' Compensation Law, § 59.41. Accordingly it would be absurd for a statutory scheme under which benefits increase with occupational disability and under which the maximum benefit awarded is that for total, occupational disability, to authorize a combined award of weekly benefits greater than those for total, occupational disability to a worker who is totally, occupationally disabled due to an injury and who is not required to prove that he has sustained any occupational disability whatever due to pneumoconiosis.
We, therefore, hold that claimant may not receive a concurrent income benefit and retraining incentive benefit, pursuant to KRS 342.730(1)(a) and KRS 342.732(1)(a), that exceeds the maximum benefit for permanent, total, occupational disability as set forth in KRS 342.730(1)(a). If the ALJ finds that rehabilitation of this worker is feasible, such benefits may be awarded pursuant to KRS 342.710 and KRS 342.715.
Accordingly, the decision of the Court of Appeals is hereby reversed, and the case is remanded to the ALJ for further proceedings that are consistent with this opinion.
All concur except Wintersheimer, J., who concurs in result only. Combs, J., not setting.
Disposition
REVERSING and REMANDING
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