(DOWNLOAD) "Townsend v. Dorsie Cable" by Court Of Appeals Of Kentucky ~ eBook PDF Kindle ePub Free

eBook details

Title: Townsend v. Dorsie Cable
Author : Court Of Appeals Of Kentucky
Release Date : January 08, 1964
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 50 KB

Description

In this workers compensation case, writ was granted to determine whether the trial court erred in finding that Lawrence Pinkins, Sr., claimant-plaintiff, was capable of returning to work in any capacity and that he was able to earn wages equal to 90% or more of his pre-injury wages. The trial court dismissed the claimants petition with prejudice upon finding that the plaintiff did not qualify for temporary disability under the statutory criteria for temporary total disability, permanent total disability, or supplemental benefits.2 The appellate court affirmed the judgment of the trial court. We find, under the facts presented by this particular case only, due to the totality of factors related to a realistic appraisal of access to employment, this claimants marginal literacy, age and work related disability, that Mr. Pinkins has experienced a loss in wage earning capacity within the meaning of LSA-R.S. 23: 1221(3)(a). We therefore find that plaintiff is entitled to supplemental earnings benefits. The judgment dismissing plaintiffs claim for workmens compensation benefits is reversed and the case is remanded for further proceedings in keeping with the principles enunciated herein. I.